Inspectors Matters, Issues and Questions for Examination (September 2017)

Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

Client: Cecil M Yuill Ltd

Proposal: Response to Matter 8 – High Tunstall & Quarry Farm

Date: September 2017

Ref: NE2428

2 St James Gate, Newcastle upon Tyne, NE1 4AD Tel: +44 (0)191 255 7300 Fax: +44 (0)191 255 7301 Email: [email protected] Website: www.wyg.com

WYG Planning Limited. Registered in England & Wales Number: 5241035 Registered Office: Arndale Court, Otley Road, Headingley, Leeds, LS6 2UJ

Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

Document control

Document: Response to Matter 8 – High Tunstall & Quarry Farm

Project:

Client: Cecil M Yuill

Job Number: NE2428

Date: September 2017

Prepared by: Checked by: Approved By:

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

Issue 1 – Context

Q2 - Should the Plan contain an indicative concept plan or require a masterplan (in addition to the phasing plan) to provide a sound basis for the strategic planning of the site and its sustained delivery during the Plan period?

1.1 An indicative masterplan has been produced to guide the development of the Quarry Farm allocation, with this accompanying the outline application for residential development which is currently under consideration by the Council. This is contained at Appendix 1 which could, if necessary, be included within the Plan to supplement Policy HSG5a.

Q4 – Are the boundaries on extent of the sites correctly defined? What is the extent of safeguarded land at Hart Quarry – does it affect land proposals at Quarry Farm?

1.2 Cecil M Yuill Ltd understand the boundary to the Quarry Farm allocation to be correct.

1.3 In terms of Hart Quarry Local Wildlife Site (LWS) this lies approximately 0.6km north of the site boundary. An Extended Phase 1 Habitat Survey, Breeding Bird Survey, and Bat Surveys prepared in support of the planning application confirms that the proposal will have no direct impact on Hart Quarry LWS during construction or operation. Due to the presence of the golf course between the site and this LWS, it is not considered the proposed development will result in increased recreational pressure there. This has been agreed with the Council.

Issue 2 – Site Delivery

Q5 - Does the infrastructure evidence demonstrate that the proposal is soundly based and can be delivered in a timely and satisfactory manner?

1.4 The transport evidence base has clearly identified safety and capacity concerns on the A19 at Elwick and demonstrates how the proposed grade-separated junction and bypass at Elwick will alleviate these issues. Significant levels of growth are planned to the west of Hartlepool and the infrastructure proposed at Elwick is therefore vital to ensure the delivery of this much- needed housing.

1.5 As set out in the Council’s Regulation 22 Consultation Statement, the new grade separated junction and bypass at Elwick will:

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

“take large amounts of traffic out of Elwick village making it far safer for residents and it will help to provide a third route into Hartlepool from the A19 thus helping to re- profile traffic movements and reducing some of the congestion on the A689 and the A179.”

1.6 It is clear that the proposed infrastructure will address a number of current and future congestion issues within the town and deliver vital additional capacity to accommodate the future sustainable growth identified within the Local Plan.

1.7 Cecil M Yuill Ltd therefore consider that the proposals are soundly based and the infrastructure evidence clearly sets out the benefits of the proposed infrastructure.

1.8 The Council has set out a clear timeline for the delivery of the proposed works at Elwick, demonstrating that these can be delivered early in the Plan period, therefore enabling much needed housing to be brought forward.

Q6 – What is the mechanism to fund/deliver the Elwick bypass and grade separated junction on the A19? Table 2 of the LIP at pages 17-18 refer to LGF and other possible sources, including prudential borrowing. What is the latest situation? Is there agreement from effected parties as to how this infrastructure will be funded, possibly through clawback arrangements? Is it an unduly complex process?

1.9 Cecil M Yuill Ltd have agreed to a financial contribution of £12,400 per dwelling on Quarry Farm 2, which amounts to an overall contribution of £2,728,000 towards the construction of the grade separated junction and Elwick bypass. However, in agreeing to this, they have emphasised that the knock-on effect of this level of contribution will be the inability to the inclusion of all other Section 106 contributions which, importantly, would exclude affordable housing expectations. The allocation of Quarry Farm 3, however, would enable the infrastructure costs to be re-apportioned by including an additional 450 units which would enable, in particular, more affordable housing to be provided. This position is explored more fully in response to Q17, Q18 and Q19 of Issue 3 and Matter 15.

1.10 The current level of contribution proposed covers the full projected £18m cost of the infrastructure works, as there is no assurance that additional grant funding will be made available. In the event that the latter is the case, Cecil M Yuill Ltd and officers have been in discussions in order to ensure that there is an appropriate claw-back provision within the S106 Agreement in the event that further grant funding is made available. Both Cecil M Yuill Ltd and

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

the Council are confident that this can be achieved.

Q7- Is the £18million cost for grade separated junction and bypass accurate? Is the 2018 construction date and 2020 completion date at Table 2 of the LIP realistic?

1.11 It is noted that the Council has set out details of the cost of the proposed grade separated junction and bypass within the Strategic Outline Business Case prepared for the scheme. The forecast costs outlined in the report total £17.97million, including £4.8million for optimism bias and a 20% contingency budget.

1.12 As the scheme design is at an early stage, it is considered appropriate to include contingency budget within the cost plan and it is common practice to include an allowance for optimism bias within cost plans for major infrastructure schemes.

1.13 The proposed land costs are identified as being £0.9million within the Strategic Outline Business Case (SOBC). Similarly, within the Council’s report to the Finance and Policy Committee on 24 July 2017, it is noted that the costs associated with the bridge over the A19 which forms part of the grade separated junction are subject to site investigation results and therefore are only an estimate at this stage.

1.14 The Council’s current timetable for delivery of the proposed grade-separated junction is 2020. Whilst this is an ambitious timescale, it is understood that these works need to be completed in advance of the A19 Wynyard widening works which are planned to commence in 2020 and be completed in 2022.

1.15 Cecil M Yuill Ltd has worked closely alongside the Council and Highways England to identify a first phase of works associated with the grade-separated scheme which could be delivered in advance of the bridge and bypass works and therefore assist in the timely delivery of this vital piece of infrastructure for the town. The delivery of housing at Quarry Farm will help to fund this initial phase of works.

Q8 - Does the transport assessment work and engagement with Highways England demonstrate that on transport grounds, the residual cumulative impact of development at this site would not be severe? (NPPF, paragraph 32) Has transport modelling work assessed alternative capacities for the High Tunstall site?

1.16 Cecil M Yuill Ltd has conducted extensive transport assessment and analysis to demonstrate the impacts of the Quarry Farm Phase 2 proposals, which are the subject of a current planning application, are acceptable subject to the implementation of a package of mitigation works.

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

1.17 The transport assessment has demonstrated that there is sufficient capacity within the local Hartlepool road network to accommodate the traffic generated by the proposed 220 dwellings at Quarry Farm.

1.18 The transport assessment has also demonstrated that a package of works including the closure of the central reservation gaps on the A19 at Elwick and Dalton Piercy and associated capacity improvements at the A19 / A179 Sheraton Interchange will address the significant safety concerns raised in respect of the A19 at Elwick and will deliver sufficient capacity to mitigate the cumulative impacts of the Quarry Farm proposals and a first phase of development at High Tunstall for 209 dwellings (subject to a current application).

1.19 The transport assessment work has been the subject of extensive discussion with Hartlepool Borough Council, Highways England and other stakeholders including Durham County Council and the police and all parties have now confirmed that the package of measures is sufficient to accommodate the development traffic.

1.20 It is therefore concluded that the assessment work has clearly demonstrated that the development of Quarry Farm will not have any residual cumulative severe impacts and therefore accords with paragraph 32 of the NPPF.

1.21 The work conducted by Cecil M Yuill Ltd has not considered the remainder of the development of 1,200 dwellings at High Tunstall, beyond the initial phase of 209 dwellings.

Q9 – There is some local concern about impacts on the highway network in Hartlepool as a consequence of an improved third route from the A19. The LIP refers to junction improvements at Elwick Road/Park Road/Wooler Road. Is the scheme being investigated and is it necessary to accommodate the impact arising from these developments?

1.22 The delivery of a third principal route into Hartlepool from the A19 will result in a significant change to the traffic flows around the town. The Council’s evidence identifies that the new route will reduce congestion along the existing A179 and A689 routes.

1.23 The Council has undertaken strategic traffic modelling to establish the impacts of the delivering the proposed grade-separated junction and bypass at Elwick, using the West Hartlepool Aimsum model. This model identifies the resultant traffic re-distribution across the Hartlepool network.

1.24 It is noted that the LIP identifies the need for the High Tunstall developers to conduct an impact assessment and to identify a scheme to mitigate traffic. It is considered appropriate that these works are considered as part of the transport assessment process for the High Tunstall development.

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

1.25 As outlined above, Cecil M Yuill Ltd has conducted a transport assessment to support the Quarry Farm Phase 2 application. This has demonstrated that no further mitigation works are required at the Elwick Road/Park Road/Wooler Road junction to accommodate the Quarry Farm development traffic.

Q10 – Would there be capacity in infrastructure and services to serve the planned housing growth? i. School provision ii. Health Facilities iii. Leisure, public open space, allotments.

1.26 Cecil M Yuill Ltd understand that the Council are looking for financial contributions towards both primary and secondary school provision. In terms of health facilities, Cecil M Yuill Ltd are not aware of any issue raised in relation to unacceptable pressure on existing health services. Notwithstanding this, as highlighted at Appendix 3, Quarry Farm 3 is to include a new local centre, within which it is proposed to make provision for a surgery/health centre.

1.27 With regard to public open space, this is to be provided on site, whilst contributions are also being sought towards improving sports facilities at Summerhill, playing pitch provision at Greyfields Recreation Ground, tennis courts at Hartlepool LTC and bowling green improvements.

Q11 – Having regard to the Habitat Regulations Assessment 2016 (Document NT01/8) would suitable mitigation be secured to ensure no significant adverse effect on the Coastal SPAs and SAC?

1.28 A report has been prepared to inform a Habitats Regulations Assessment of the Quarry Farm Phase 2 Development which has been submitted to the Council in support of the outline planning application. This has identified that there will be no significant adverse effects on the Coastal SPAs or SAC provided that several mitigation measures are implemented.

1.29 The exact measures to be implemented would be agreed between HBC and the developer planning application but some, or all, of the following are likely to be appropriate

• Education/Information material at coastal sites e.g. interpretation boards, leaflets, signs; • Wardening and/or Ranger provision to manage/limit/prevent disturbance to wintering birds by beach users including dog walkers during the winter months;

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

• Wardening and fencing to protect nesting Little Tern colonies including that at Crimdon; • Management of inland sites being promoted as alternative destinations for dog walkers from the development e.g. Summerhill Country Park.

1.30 Both HBC and Natural England have confirmed agreement with the conclusions of the HRA Report. It is anticipated that these measures would be secured by legal agreement as part of the planning application.

Q12 – Are there any known ecological constraints? Has there been any preliminary ecological survey work? Does the scale of the site enable mitigation for farmland and birds species and the establishment of green/wildlife corridors?

1.31 The site has been subject to ecological survey including Extended Phase 1 Habitat Survey, Breeding Bird Survey, and Bat Surveys in accordance with the published guidelines, in support of the planning application and the following ecological constraints have been identified:

• Several boundary hedgerows have been identified as important ecological receptors and so would be retained. Bats use hedgerows and plantation woodland screening belts on all boundaries as commuting routes. All boundary hedgerows and plantation woodland screening belts would therefore be retained (with the minor exception of removal of short sections to accommodate entrance roads) and where possible, enhanced with additional buffer planting of locally appropriate native tree and shrub species. A bat sensitive lighting scheme would also be designed for the development to avoid any lighting impacts on bat commuting routes and foraging areas.

• Naisberry Quarry Local Wildlife Site (LWS), lies 0.13km to the west of the site boundary. While the proposal will have no direct impact on this LWS, there is potential for the proposed development to have an indirect impact through increased recreational pressure which may have a negative impact. However, Hartlepool Borough Council (HBC) has previously expressed a wish to explore opportunities to make this LWS accessible to the public. The Ecological Impact Assessment (EcIA) therefore recommended that discussions be held with HBC to explore and agree one of the following two options:

- Limiting public access to the LWS by appropriate fencing and landscape planting at the eastern boundary of the quarry;

- Allowing public access but controlling impacts by footpath design, signage, interpretation, site inspection, etc.

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

• Development of the site will result in the loss of 1 skylark territory. The scale of the site does not allow this loss to be mitigated for on-site but a preliminary discussion has taken place with HBC’s Ecologist to explore opportunities for off-site mitigation for impacts on farmland birds arising from all residential developments in the Hartlepool area. Impacts on farmland birds as a result of the Quarry Farm (Phase 2) development can be mitigated by ecological enhancement at an off-site location to be agreed with HBC or the provision of a financial contribution for the delivery of local off-site ecological enhancement by others (biodiversity offsetting).

1.32 The scale of the site allows for the inclusion of a green/wildlife corridor. The Built Form Masterplan shows a green corridor running east-west in the south of the site between the Quarry Farm (Phase 2) site in the north and the previously consented Phase 1 site to the south. This green corridor will connect existing plantation woodland in the east to the Naisberry Quarry LWS to the west.

1.33 All potential impacts on important ecological features of the Quarry Farm Phase 2 site can be avoided, mitigated, or compensated for and biodiversity enhancement can also be achieved.

Q13 – Does the Plans proposal for housing in its location take account of the proximity of the gas pipeline?

1.34 The Plan attached at Appendix 2 confirms that the gas main, together with the required easement, is to be allowed for within the proposed layout of Quarry Farm 2.

Q14 – Is the extent site consistent with the evidence on landscape (including the additional evidence on the strategic gap (EX/HBC/22 and 23))? Would the rural setting at Dalton PC be preserved?

1.35 Cecil M Yuill Ltd confirm that the additional evidence on the strategic gap is set out in our response to Q7 and Q8: Matter 2. Notwithstanding that, it is noted that the re-form Landscape Architecture Strategic Gap Assessment identifies Landscape Character Areas which are graded ‘very low/low’, ‘low’, medium and ‘medium/high’ in terms of their ability to accommodate change without significant effects on landscape character. The Quarry Farm allocated site is defined in the report as ‘Urban Fringe Farmland’ with a ‘medium/high’ capacity for change. This concurs with HBC’s Landscape Character Assessment work (undertaken in 2000) which identified the land now allocated at Quarry Farm as being of low to moderate landscape value and visual quality. Fieldwork undertaken specifically for this site by Glen Kemp landscape architects has demonstrated that the visually contained allocated site does indeed have the

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

capacity to be developed for residential use without any significant adverse effects on the landscape or visual character of the surrounding landscape.

1.36 It is quite clear that any short term landscape and visual effects associated with the development of the Quarry Farm Phase 2 site would be very confined and there would be no adverse effects whatsoever on the rural setting of Dalton Piercy. There is no inter-visibility between the Quarry Farm site and Dalton Piercy, nor would development of the Quarry Farm site compromise the rural setting of the settlement as experienced on the approach into the village from the north, along the road connecting Dalton Piercy with Hart.

Issue 3 – Site Capacity

Q15 – Is the SHLA assessment realistic? How will early and appreciable deliver be secured? Is the Council’s assessment of timeframe for delivery aligned to the that of the site developer?

1.37 Bellway Homes, the preferred developer for Quarry Farm 2, have confirmed that both the consented scheme of 81 dwellings (which is currently being built out), together with the additional proposed quantum of housing on the Quarry Farm 2 allocation (up to 220) will be built out by 2026, with agreement on the suggested build out rate of 140 in years 0-5 year and 160 in years 6-10.

1.38 It should be noted that SHLA reference 49 (Quarry Farm) also includes the site known as Quarry Farm 3, which, since the SHLA was published back in 2014, has been demonstrated to be deliverable for a proposed quantum of 450 units. On the basis of a lead in time on Quarry Farm 3 of 2 years (allowing for the submission of a planning application, LPA approval, discharge of relevant conditions and site prep), a further quantum of phased development would be added to Quarry Farm 1 and 2 as follows:

• 0-5 Years – 90;

• 6-10 years – 150;

• 11-15 years – 150;

Q16 – Does “approximately” in polices HG5 and 5A readily translate as “at least” or is 1,200 dwellings effectively the sum capacity of this area? Have alternative capacity options been appraised?

1.39 The outline application currently under consideration by the Council on Quarry Farm 2 is seeking

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

consent for up to 220 dwellings. It was considered, as part of the preparation of the application proposals, that the site provided the opportunity to create a high quality, landscape-led, development with a framework of multi-functional green infrastructure comprising community open space and green corridors. As such, it was considered by Cecil M Yuill Ltd that an upper limit of 220 dwellings would enable such a landscape-led scheme to be achieved. In light of this, Cecil M Yuill Ltd suggest that Criterion 2 of Policy HSG5a be reworded to refer to “up to” rather than “approximately.”

Q17 - Does the viability of the infrastructure and affordable housing provision render the sites undeliverable or justify an enlarged allocation? Has the submitted Plan struck the right balance?

Q18 - Should additional land be allocated at Quarry Farm 3 for 450 dwellings (Cecil M Yuill Ltd) in lieu of development at Wynyard Park? Has Quarry Farm 3 been appraised by the Council as part of the SHLAA, SA or strategic gap analyses?

Q19 - Would additional development at the Quarry Farm location ensure the viable delivery of highway improvement works?

1.40 Paragraph 6.18 of the Council’s Local Infrastructure Plan (HLP05/1), Policy LS1 (Locational Strategy) and paragraph 6.18 of the Local Plan, confirm that key infrastructure works need to be delivered to enable the Council to implement their sustainable growth strategy over the Plan period. Critically, this includes a new bypass to the north of Elwick Village and a new grade separated junction on the A19 to create a third main access point into Hartlepool. These works are identified as a priority in the Council’s Local Infrastructure Plan in order to relieve the pressure of congestion from the A689 and the A179 respectively, together with continued use of the Elwick road and Dalton Pearcy A19 junctions, and allow the key sustainable housing sites on the western edge of Hartlepool to be delivered which, in turn, will fund the infrastructure works.

1.41 The Council have estimated the cost of these works to be in the region of £18m. The Council identify the proposed housing allocations at High Tunstall, (1,200 units), Quarry Farm (220 units) and Elwick Village (35 units) as being required to collectively fund the infrastructure works. The Council propose to pro-rata financial contributions against the number of dwellings per site which, in total, will meet the £18m cost for the GSJ and Elwick bypass. In light of this, and on the basis of an overall housing delivery of 1,455 on these three sites identified as benefiting from the major infrastructure works, this equates to circa £12,400 per dwelling.

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

1.42 Whilst Cecil M Yuill Ltd has committed to cover the infrastructure contribution required in relation to Quarry Farm, they have advised that this will impact upon the site’s ability to meet expectations in terms of other S106 contributions, including affordable housing (See Matter 15). In light of this it is their view that, in order to provide comfort on the part of the Council that the cost of the infrastructure works can be met, whilst still being able to deliver other S106 obligations, particularly a contribution to affordable housing for which there is a significant deficit, additional housing sites need to be allocated which can bring forward development in a sustainable manner which will contribute to the overall cost of the infrastructure works. This will assist in reducing the level of contributions required from the other allocations by spreading the financial commitment more widely, thereby enabling sites to deliver additional S106 commitments, particularly affordable housing.

1.43 It is worth noting that the Council have included a further 200 units to Wynyard, as part of the Submission Draft, to the 500 dwellings already allocated in the Local Plan Preferred Options. Given the key role that the construction of the GSJ and Elwick bypass plays in the overall sustainable growth strategy for the Borough, Cecil M Yuill Ltd are of the view that these numbers should be apportioned to sites that would make a financial contribution to the infrastructure works.

1.44 In addition to the site at Quarry Farm currently under construction and the Quarry Farm allocation, which is also subject of a housing allocation and also a live outline planning application which officers are supportive of, Cecil M Yuill Ltd have a further landholding of 22ha adjoining these two former sites to the west. This additional area of land is under the single ownership of Cecil M Yuill Ltd and is fully deliverable. An indicative masterplan has been prepared (see Appendix 3) to demonstrate how the site could satisfactorily deliver around 450 dwellings over the Plan period. The masterplan shows how this additional land forms a natural, sustainable extension of both Quarry Farm Phases 1 and 2 without extending westwards to the same extent as the High Tunstall housing allocation to the south of Elwick Road.

1.45 The indicative masterplan confirms a proposed quantum of 450 dwellings across the site at a density of circa 22 dwellings per hectare. This would ensure that a high quality, low density development could be achieved which, as in the case of the Quarry Farm allocation, is very much landscape-led, with a significant landscape buffer on the site’s western extent, reflecting the need for the western extension of Hartlepool to respect the rural nature of the land and avoidance for landscape and visual impact from the surrounding area. It also makes provision for a local centre within the site.

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

1.46 As is highlighted in our response to Q15 of Matter 8, SHLAA reference 49 (Quarry Farm) also includes Quarry Farm 3. Whilst the SHLAA refers to a quantum of 300 units due to ‘site constraints’ back in 2014, since this date the full deliverability of the site has been confirmed by the preparation and submission of the following supporting information:

• A Landscape and Visual Effects Outline Appraisal which concludes that overall the proposed development can be integrated successfully into the local landscape without generating notable adverse landscape or visual impact visual effects;

• A Flood Risk Assessment which confirms that the site can be developed without any issue of flood risk and with certainty that scheme can be delivered in conjunction with an appropriate drainage and surface water management scheme;

• A highways Technical Note confirming that the delivery of 450 dwellings on the site offers the potential to create a sustainable urban extension to the west of the town whilst at the same time, in terms of traffic, being able to be accommodated satisfactorily on the surrounding road network with any impacts mitigated by the strategic highways works proposed within the Publication Draft Plan; and

• Ecological assessments comprising an Extended Phase 1 Survey Report (February 2017), Bat Activity Survey Report (2015) and Bat Survey Report of Quarry Farm Buildings (January 2017) which confirm that, subject to appropriate on-site/off-site mitigation measures, 450 dwellings can be delivered on the site whilst, at the same time, provide a net benefit in terms of biodiversity.

1.47 In addition, a HRA Report into Quarry Farm 3 has been prepared, which is attached at Appendix 4. This confirms that the implementation of the measures proposed will ensure that there will not be any significant negative effect on any Natura 2000 site as a result of the Quarry Farm (Phase 3) development. The precedent that this range of measures are suitable for adequately mitigating impacts on the coastal Natura 2000 sites in Hartlepool has previously been established for other residential developments in the Hartlepool Area.

1.48 It is also concluded that the increase in recreational activity within the Durham Coast SAC that would result from the Quarry Farm (Phase 3) development would not result in a significant increase in erosion of vegetation in this Natura 2000 site.

1.49 As is demonstrated with Quarry Farm Phase 1, which is under construction, and the Quarry Farmn allocation is to be developed by Bellway Homes. This demonstrates that Cecil M Yuill Ltd have a sound track record of delivering high quality residential developments within

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Independent Examination of the Hartlepool Local Plan – Inspectors Matters, Issues and Questions for Examination (September 2017)

predicted timescales. As such, not only would this additional quantum of 450 dwellings over the Plan period help to address the increased housing requirement identified by Regeneris Consulting (600dpa), it would also, critically, make a significant contribution to the major infrastructure costs associated with the grade separated junction and Elwick bypass and, in doing so, spread the financial commitment on the other allocated sites at High Tunstall, Elwick Village and Quarry Farm, by reducing the pro-rata costs per dwelling to circa £9,500, contributing £4,275,000 towards these infrastructure costs which will provide an additional degree of assurance on the part of the Council that the full cost of the works will be met and also enable each of these sites to provide additional S106 commitments, most importantly increased quantums of affordable housing.

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WYG Planning

Appendix 1: Quarry Farm Allocation Indicative Masterplan

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WYG Planning

Appendix 2: Plan Showing Allowance for Gas Main within Quarry Farm Indicative Layout

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WYG Planning

Appendix 3: Quarry Farm 3 Indicative Masterplan

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Dwellings orientated to overlook public open space

Streets aligned towards central t Lane village green / play area Worse

Public open space at highest part of the site allowing views across to the coast

Additional screen planting

Potential local centre

Village Ecological corridor Green / Play Area

Site subject to current planning application (red:H/2015/0528) SUDS

SUDS

Pocket Park

Approved application (ref: H/2015/0351)

Elwick Road Potential emergency access onto Elwick Road

WYG Planning

Appendix 4: Quarry Farm 3 HRA Report

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Graeme Smart Ltd Consultant Ecologists

Land at Quarry Farm (Phase 3)

Report to Inform a Habitats Regulations Assessment

For Cecil M Yuill Ltd

September 2017

Document Control Project: Land at Quarry Farm

Client: Cecil M Yuill Ltd

Document Checking:

Prepared by: Graeme Smart Signed:

Checked by: Jane Smart Signed:

Issue Date Status

1 21/8/17 DRAFT

2 2/9/17 DRAFT 2

3 9/9/17 REV

4 10/9/17 FINAL/ISSUE

Graeme Smart Ltd accepts no responsibility or liability for the use which is made of this document other than by the Client for the purpose for which it was originally commissioned and prepared.

GSL has exercised due care in preparing this report. It has not, unless specifically stated, independently verified information provided by others. No other warranty, express or implied, is made in relation to the content of this report and GSL assumes no liability for any loss resulting from errors, omissions or misrepresentation made by others.

Nothing in this report constitutes legal opinion. If legal opinion is required, the advice of a qualified legal professional should be sought.

Ownership of all deliverables arising from any work undertaken by GSL remains solely with GSL until all invoices relating to the work undertaken have been paid in full.

Aerial imagery is reproduced under licence (Google Earth Pro)

Contents

1.0 Introduction ...... 8 1.1 The Site and Location ...... 8 1.2 Development Proposal ...... 8 2.0 European Sites ...... 8 2.1 Overview ...... 8 2.1 Internationally Designated Sites near to Quarry Farm (Phase 3) ...... 10 2.2 Screening of Sites ...... 13 3.0 Northumbria Coast Ramsar Site/SPA ...... 15 3.1 Summary ...... 15 3.2 Qualifying Features of the SPA ...... 15 3.3 Qualifying Features of the RAMSAR site ...... 16 3.4 Conservation Objectives ...... 17 3.5 Site Vulnerabilities/Threats to Qualifying Features ...... 18 4.0 Durham Coast SAC ...... 18 4.1 Summary ...... 18 4.2 Qualifying Features of the SAC ...... 19 4.3 Conservation Objectives ...... 19 4.4 Site Vulnerabilities/Threats to Qualifying Features ...... 20 4.5 Screening for Likely Significant Effects ...... 21 5.0 Teesmouth and Cleveland Coast Ramsar Site/SPA ...... 22 5.1 Summary ...... 22 5.2 Qualifying Features of the SPA ...... 22 5.3 Qualifying Features of the RAMSAR site ...... 23 5.4 Conservation Objectives ...... 24 5.5 Site Vulnerabilities/Threats to Qualifying Features ...... 25 5.6 Screening for Likely Significant Effects ...... 29 6.0 Baseline Data ...... 31 6.1 Bird Data ...... 31 6.2 Public Access Routes ...... 31 6.3 Recreational Disturbance Data ...... 33 6.4 Alternative Recreation Sites ...... 33 6.5 Analysis of Bird and Disturbance Data ...... 34 7.0 Impact Assessment ...... 38 7.1 Potential Visitor Numbers ...... 38 7.2 Rationale for Considering Potential Impacts ...... 38

7.3 Potential Recreational Impacts ...... 39 7.4 Potential Dog Walking Impacts ...... 40 7.5 Potential Erosion Impacts on Cliff-top vegetation ...... 44 7.6 Cumulative Impacts ...... 45 8.0 Mitigation and Compensation Measures ...... 46 8.1 On-site SANG/Green Infrastructure ...... 46 8.2 Connectivity to Local PROW network ...... 46 8.3 Educational/information Literature ...... 46 8.4 Financial Contribution to Visitor Management/Interest Feature Protection within European Sites 47 9.0 References ...... 48

Tables

Table 1. European Sites near to the Quarry Farm (Phase 3) site and their qualifying features. Table 2. Issues Posing a Threat to the Interest Features of the Durham Coast SAC Table 3. Screening of Potential Threats to the Interest Features of the Durham Coast SAC

Table 4. Issues Posing a Threat to the Interest Features of the Teesmouth and Cleveland Coast Ramsar Site/SPA Table 5. Screening of Potential Threats to the Interest Features of the Teesmouth and Cleveland Coast Ramsar Site/SPA Table 6. Coastal Car Parking Locations Table 7. Alternative Recreation Sites

Appendices

Appendix A - Figures

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

Executive Summary

It is proposed that a 22.3ha greenfield site on the western edge of Hartlepool at Quarry Farm (Phase 3) is a suitable site for the construction up to 450 houses with associated landscaping and roads to help meet the need for housing in the Hartlepool area. The Proposed site is shown in the Concept Masterplan and Figs 1 to 6 in Appendix A.

This report provides information to allow Hartlepool Borough Council (HBC) to assess whether the proposed Quarry Farm (Phase 3) development would be likely to have any significant effect on any internationally designated protected sites, and to assist HBC in carrying out any cumulative assessment of in-combination effects when considering other residential developments in the area.

The Quarry Farm (Phase 3) site lies near to the following European Designated Sites (Natura 2000 sites):

• Teesmouth and Cleveland Coast SPA (and the proposed extension to this SPA)

• Teesmouth and Cleveland Coast Ramsar Site

• Northumbria Coast SPA

• Northumbria Coast Ramsar Site

• Durham Coast SAC

• Thrislington SAC

• Castle Eden Dene SAC

During a process of screening which of these Natura 2000 sites could be affected, it is concluded that only the Teesmouth and Cleveland Coast Ramsar Site/SPA (including potential SPA extension), the Durham Coast SAC, and the Northumbria Coast Ramsar/SPA could be affected by the proposed development.

A process of screening for likely significant effects was carried out to consider whether the proposed Quarry Farm (Phase 3) development could contribute to impacts on the interest features of these Natura 2000 sites. This process concluded that the development could have an effect, specifically on wintering birds and on breeding birds in summer including the Little tern colony at Crimdon, and on cliff top vegetation within the Durham Coast SAC, and that the effect would be negative. Any negative effect occurring would be because of disturbance to birds or erosion of cliff-top vegetation resulting increased recreational activity within coastal areas, primarily walking and dog walking. Any disturbance effect on birds would be greater where this includes walking dogs off-leash.

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

An assessment is made of the possible increase (above the current baseline) in recreational use of the coastal Natura 2000 sites that could result from the Quarry Farm (Phase 3) development. This is done by considering the number of additional residents, households, and dog-owning households that will result from the development and those that already occur in the wider Hartlepool area, and by using accepted national and local statistics and ratios for occupancy, dog ownership, recreational activity, travel habits, etc.

It is concluded that there will be an increase in recreational use of areas of the Teesmouth and Cleveland Coast Ramsar Site/SPA, primarily at Crimdon Beach and North Sands, and of the southern end of the Northumbria Coast Ramsar Site/SPA and Durham Coast SAC accessed from the Crimdon Beach car park.

Whether this increase in recreational use will result in a significant increase in disturbance of SPA birds or significant erosion of cliff-top vegetation is then assessed. This is done by considering the results of previous studies undertaken to assess wintering bird use of parts of the coastal Natura 2000 sites, the response of these birds to recreational activities as observed during those studies, and assessment of the potential increase in disturbance events that could result from the Quarry Farm (Phase 3) development.

Whether this increase in recreational use will result in a significant increase in erosion of the habitat for which the Durham Coast SAC is designated is assessed by considering the number of additional recreational walks within the SAC that could result from the Quarry Farm (Phase 3) development.

It is concluded that, in the absence of mitigation, there would be a negative impact on SPA birds but that any negative effects can be adequately mitigated by a combination of:

• The provision of green infrastructure in the Quarry Farm (Phase 3) development. • A site design and layout that ensures good connection to the existing footpath network in the immediate surrounding area. • Providing information/educational leaflets to households which will: o Highlight the importance of the coastal Natura 2000 Sites and the potential negative impacts of dog walking on breeding and wintering birds at these sites o Promote local footpath links for dog walking o Promote alternative nearby non-coastal sites which are available for off-lead dog walking including Summerhill Country Park, Family Wood, the Hart to Haswell Walkway o Promote coastal sites where public access is actively promoted and off-lead dog walking is permitted e.g. Seaton Dunes LNR o Identify where Public Space Control Orders or Dog Control Orders are in place and the reasons for them • Providing a financial contribution to be used to fully or partly finance measures to protect the interest features of the coastal Natura 2000 Sites within Hartlepool

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

Implementation of these measures would mean that there is not likely to be any significant negative effect on any Natura 2000 site as a result of the Quarry Farm (Phase 3) development.

The precedent that this range of measures are suitable for adequately mitigating impacts on the coastal Natura 2000 sites in Hartlepool has previously been established for other residential developments in the Hartlepool Area.

It is concluded that the increase in recreational activity within the Durham Coast SAC that would result from the Quarry Farm (Phase 3) development would not result in a significant increase in erosion of vegetation in this Natura 2000 site.

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

1.0 Introduction

1.1 The Site and Location

The proposed Quarry Farm Phase 3 site (hereafter referred to as ‘the site’) is approximately 22.3ha in size and is located to the west of Hartlepool at Ordnance Survey National Grid Reference NZ 4779 3329. The site is a greenfield site and lies within 6km of European Sites1 which triggers the requirement for a screening assessment of potential impacts on the European Sites resulting from the proposed development.

1.2 Development Proposal

It is proposed that the site is suitable for residential housing of up to 450 residential dwellings with associated landscaping and roads.

2.0 European Sites

2.1 Overview

“European Sites” are a collection of sites throughout Europe designated as protected areas under either the EC Habitats Directive or the Birds Directive. These sites are: • Special Protected Areas (SPAs) which are designated under Article 3 (2) of the Birds Directive for species listed under Annex 1 of the Directive and migratory species. • Special Areas of Conservation (SACs) which are designated under the Habitats Directive in order to ensure the restoration or maintenance of natural habitats and species of Community interest.

Collectively, SPA and SAC sites are the Natura 2000 network and are termed “European sites” or “Natura 2000 Sites”. Where an SPA or SAC is on the coast and below mean high water mark but does not extend beyond the limit of the relevant country’s territorial waters, it is may sometimes be referred to as a “European Marine Site”. Where a designated SPA or SAC is entirely marine and mainly or entirely beyond the relevant country’s territorial waters limit, it is referred to as a European Offshore Marine Site (EOMS).

1 European Sites includes Special Protection Areas (SPA), Special areas of Conservation (SACs) and Ramsar Sites

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

Regulation 61(1) of The Conservation of Habitats and Species Regulations 2010 Habitats Regulations (as amended), also known as the Habitats Regulations2, requires that:

“A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which - (a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and (b) is not directly connected with or necessary to the management of that site, - must make an appropriate assessment of the implications for that site in view of that site’s conservation objectives.”

Under this legislation, Hartlepool Borough Council is a competent authority.

In addition to SPAs and SACs, a suite of wetland sites of international importance has been designated under the Ramsar Convention. Although these are not European sites, as a matter of policy as set out in Paragraph 118 of the National Planning Policy Framework (NPPF, 2012), the UK Government has chosen to apply the same procedures to Ramsar Sites as to European sites. NPPF also requires that the following wildlife sites should be given the same protection as European Sites: • potential Special Protection Areas and possible Special Areas of Conservation; • proposed Ramsar sites; and • sites identified, or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites;

In the case of the Ramsar sites considered in this assessment, Teesmouth & Cleveland Coast Ramsar Site and Northumbria Coast Ramsar Site, their boundaries coincide with the respective SPAs, though the Ramsar designation cites some additional species as interest features. The assessment of likely significant effect within this report considers both the SPA and the Ramsar Site interest features at each of these two sites. The terms “Internationally Designated Site” or “Natura 2000 site” used in the assessment below, are to be interpreted as meaning both European sites and Ramsar sites.

This report provides information to allow relevant competent authorities to assess whether the proposed development at Quarry Farm (Phase 3), Elwick Road, Hartlepool will have any effect on internationally designated sites.

2 The Habitats Regulations translate the provisions of the The Habitats Directive into UK legislation

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

2.1 Internationally Designated Sites near to Quarry Farm (Phase 3)

The following Internationally Designated Sites lie near to the Quarry Farm (Phase 3) site:

• Teesmouth and Cleveland Coast SPA (and the proposed extension to this SPA)

• Teesmouth and Cleveland Coast Ramsar Site

• Northumbria Coast SPA

• Northumbria Coast Ramsar Site

• Durham Coast SAC

• Thrislington SAC

• Castle Eden Dene SAC

The boundaries of the Northumbria Coast SPA and Northumbria Coast Ramsar Site are the same.

The boundaries of the Teesmouth and Cleveland Coast SPA and Teesmouth and Cleveland Coast Ramsar Site are the same.

Part of the Durham Coast SAC coincides with part of the Northumbria Coast Ramsar Site/SPA

The locations of these sites in relation to the Quarry Farm Phase 3 site are shown in Figures 1 to 3

The Primary Reasons for Designation of these sites are listed in Table 1

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

Table 1. European Sites near to the Quarry Farm (Phase 3) site and their qualifying features.

Site Primary Reason for Designation Castle Eden Dene Castle Eden Dene represents the most extensive northerly native occurrence of SAC yew Taxus baccata woods in the UK. Extensive yew groves are found in association with ash-elm Fraxinus-Ulmus woodland and it is the only site selected for yew woodland on magnesian limestone in north-east England.

REF: http://jncc.defra.gov.uk/ProtectedSites/SACselection/sac.asp?EUCode=UK0012768

Thrislington SAC Thrislington is a small site but nonetheless contains the largest of the few surviving stands of CG8 Sesleria albicans – Scabiosa columbaria grassland. This form of calcareous grassland is confined to the Magnesian Limestone of County Durham and Tyne and Wear. It now covers less than 200 ha and is found mainly as small scattered stands

REF: http://jncc.defra.gov.uk/ProtectedSites/SACselection/sac.asp?EUCode=UK0012838

Durham Coast SAC The Durham Coast is the only example of vegetated sea cliffs on magnesian limestone exposures in the UK. These cliffs extend along the North Sea coast for over 20 km from South Shields southwards to Blackhall Rocks. Their vegetation is unique in the British Isles and consists of a complex mosaic of Paramaritime, mesotrophic and calcicolous grasslands, tall-herb fen, seepage flushes and wind- pruned scrub. Within these habitats rare species of contrasting phytogeographic distributions often grow together forming unusual and species-rich communities of high scientific interest. The communities present on the sea cliffs are largely maintained by natural processes including exposure to sea spray, erosion and slippage of the soft magnesian limestone bedrock and overlying glacial drifts, as well as localised flushing by calcareous water.

REF: http://jncc.defra.gov.uk/ProtectedSites/SACselection/sac.asp?EUCode=UK0030140

Northumbria Coast ARTICLE 4.1 QUALIFICATION (79/409/EEC) During the breeding season the area SPA regularly supports 1.7% of the GB breeding population (5-year peak means 1992/3-1996/7) of Little Tern (Sterna albifrons) (Eastern Atlantic - breeding) ARTICLE 4.2 QUALIFICATION (79/409/EEC) Over winter, the area regularly supports: 2.6% (5-year peak means 1992/3-1996/7) of the East Atlantic Flyway population of Turnstone (Arenaria interpres) (Western Palearctic - wintering) and 1.6% (5-year peak means 1992/3-1996/7) of the East Atlantic Flyway population 5 of Purple sandpiper (Calidris maritima) (Eastern Atlantic - wintering).

REF: http://jncc.defra.gov.uk/pdf/SPA/UK9006131.pdf

Northumbria Coast The Northumbria Coast Ramsar site comprises several discrete sections of rocky Ramsar Site foreshore between Spittal, in the north of Northumberland, and an area just south of Blackhall Rocks in County Durham. These stretches of coast regularly support nationally important numbers of purple sandpiper and high concentrations of turnstone. The Ramsar site also includes an area of sandy beach at Low Newton, which supports a nationally important breeding colony of little tern, and parts of

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

three artificial pier structures which form important roost sites for purple sandpiper.

Other bird species occurring at levels of national importance include the following. Species regularly supported during the breeding season: Great cormorant (Phalacrocorax carbo carbo), Black-legged kittiwake , (Rissa tridactyla tridactyla), Arctic tern (Sterna paradisaea)

Species with peak counts in spring/autumn: European golden plover (Pluvialis apricaria apricaria)

Species with peak counts in winter: Common eider (Somateria mollissima mollissima), Sanderling (Calidris alba)

http://jncc.defra.gov.uk/pdf/RIS/UK11049.pdf

Teesmouth and ARTICLE 4.1 QUALIFICATION (79/409/EEC) Cleveland Coast SPA During the breeding season the area regularly supports1.7% of the population in GB (4-year mean for 1995 to 1998) of Little Tern (Sterna albifrons) (Eastern Atlantic - breeding) On passage the area regularly supports 6.8% of the population in GB (5-year mean for 1988 to 1992) of Sandwich Tern (Sterna sandvicensis) (Western Europe/Western Africa)

ARTICLE 4.2 QUALIFICATION (79/409/EEC) Over winter the area regularly supports 1.6% of the population (5-year peak mean for 1991/92 to 1995/96) of Knot (Calidris canutus) (North-eastern Canada/Greenland/Iceland/North-western Europe) On passage the area regularly supports 1.1% (5-year peak mean, 1987 – 1991) of the East Atlantic Flyway population: of Redshank (Tringa tetanus) (Eastern Atlantic - wintering)

ARTICLE 4.2 QUALIFICATION (79/409/EEC): AN INTERNATIONALLY IMPORTANT ASSEMBLAGE OF BIRDS Over winter the area regularly supports: 21312 waterfowl (5 year peak mean 1991/92-1995/96) Including Knot (Calidris canutus).

REF: http://jncc.defra.gov.uk/pdf/SPA/UK9006061.pdf

Teesmouth and Medium-large site encompassing a range of habitats (sand and mudflats, rocky Cleveland Coast shore, saltmarsh, freshwater marsh and sand dunes) on and around an estuary Ramsar Site which has been much-modified by human activities. Together these habitats support internationally important assemblages of waterbirds with peak winter counts of 9528 waterfowl (5-year peak mean 1998/99-2002/2003).

Bird species/populations occurring at levels of international importance include the following:

Species with peak counts in spring/autumn: Common redshank (Tringa totanus totanus) - 883 individuals, representing an average of 0.7% of the GB population (5 year peak mean 1998/9- 2002/3)

Species with peak counts in winter:

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

Knot (Calidris canutus islandica) - 2579 individuals, representing an average of 0.9% of the GB population (5-year peak mean 1998/9-2002/3)

Other bird species currently occurring at levels of national importance include the following:

Species regularly supported during the breeding season: Little tern (Sterna albifrons albifrons)

Species with peak counts in spring/autumn: Northern shoveler (Anas clypeata), Common greenshank (Tringa nebularia)

Nationally important invertebrates occurring on the site: Pherbellia grisescens, Thereva valida, Longitarsus nigerrimus, Dryops nitidulus, Macroplea mutica, Philonthus dimidiatipennis, Trichohydnobius suturalis (all RDB)

REF: http://jncc.defra.gov.uk/pdf/RIS/UK11068.pdf

2.2 Screening of Sites

2.2.1 Thrislington SAC and Castle Eden Dene SAC

The nearest part of the Thrislington SAC is 15.5km3 from the western boundary of the Quarry Farm Phase 3 site (measured in a direct line).

The nearest part of the Castle Eden Dene SAC is 6.7km from the north-west corner of the Quarry Farm Phase 3 site (measured in a direct line).

The Thrislington SAC and Castle Eden Dene SAC are therefore not considered further within this report because it is not likely that residential development at the Quarry Farm (Phase 3) site could have a significant effect on these European sites given their distance from Quarry Farm. Natural England also considers that HRA is not required for European Sites which are more than 6km (measured in a straight line) from proposed residential developments.

3 Distances were measured from the nearest point on the boundary of the Quarry Farm Phase 3 site to the surrounding European Sites. Measurements were made in QGIS geographical information system using Ordnance Survey Vectormap Full Colour Raster base tiles overlaid with vector information for SAC, SPA and Ramsar site boundaries published by DEFRA and downloaded from www.gov.uk on 21/11/16 (Contains public sector information licensed under the Open Government Licence v3.0.)

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

2.2.2 Northumbria Coast Ramsar Site/SPA

The nearest part of the Northumbria Coast Ramsar Site/SPA is 3.82km from the northern boundary of the Quarry Farm Phase 3 site (measured in a direct line) which lies within the 6km range which Natural England requires that possible likely significant effects of residential development on the European Site are considered.

An Assessment of Likely Significant Effect (ALSE) on the qualifying features of this site as a result of the construction and presence of the Quarry Farm (Phase 3) development is therefore provided below.

2.2.3 Durham Coast SAC

The nearest part of the Durham Coast SAC is 3.82km from the northern boundary of the Quarry Farm Phase 3 site (measured in a direct line). This again lies within the 6km range which Natural England requires that possible likely significant effects of residential development on the European Site are considered.

2.2.4 Teesmouth and Cleveland Coast Ramsar Site/SPA

The nearest part of the Teesmouth and Cleveland Coast Ramsar Site/SPA is 3.07km from the north-east corner of the Quarry Farm (Phase 3) site (measured in a direct line). The nearest part of the proposed extension of the Teesmouth and Cleveland Coast SPA is 3.81km from the eastern boundary of the Quarry Farm (Phase 3) site (measured in a direct line).

Given this proximity it is possible that the Quarry Farm (Phase 3) development could have a significant effect on the qualifying features of the Teesmouth and Cleveland Coast Ramsar Site/SPA (including the proposed SPA extension area).

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

3.0 Northumbria Coast Ramsar Site/SPA

3.1 Summary

The nearest part of the Northumbria Coast Ramsar Site/SPA is 3.82km from the northern boundary of the proposed Quarry Farm Phase 3 site (measured in a direct line)

The Northumbria Coast Ramsar site comprises several discrete sections of rocky foreshore between Spittal, in the north of Northumberland, and an area just south of Blackhall Rocks in County Durham. These stretches of coast regularly support nationally important numbers of purple sandpiper and high concentrations of turnstone.

The primary reasons for designation of the SPA are the breeding populations of the Annex 1 species, Little Tern Sterna albifrons it supports; and the wintering populations of Purple Sandpiper Calidris maritima and Ruddy Turnstone Arenaria interpres that it supports. In addition, the site supports nationally important populations of Sanderling Calidris alba, Ringed Plover Charadrius hiaticula, and Redshank Tringa totanus. It also supports a number of other Annex I birds (below the 1% qualifying level), including Arctic Tern Sterna paradisaea and Golden Plover Pluvialis apricaria. (http://jncc.defra.gov.uk/ downloaded 29/8/17).

3.2 Qualifying Features of the SPA

ARTICLE 4.1 QUALIFICATION During the breeding season, the area regularly supports 1.7% of the population in GB (5-year mean for 1993 to 1997) of Little Tern (Sterna albifrons).

ARTICLE 4.2 QUALIFICATION (79/409/EEC) Over winter, the area regularly supports 1.6% of the East Atlantic (wintering) population of Purple sandpiper Calidris maritima (5-year peak mean for 1992/93 to 1996/97)

Over winter, the area regularly supports 2.6% of the Western Palearctic (wintering) population of Turnstone Arenaria interpres (5-year peak mean for 1992/93 to 1996/97)

REF: http://jncc.defra.gov.uk/page-1401

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

3.3 Qualifying Features of the RAMSAR site

The site qualifies as a Ramsar Site under Ramsar criterion 6 (Species/populations occurring at levels of international importance.)

At designation, it was identified that the site supports the following bird species/populations occurring at levels of international importance:

Species regularly supported during the breeding season: Little tern (Sterna albifrons albifrons): 43 apparently occupied nests, representing an average of 2.2% of the GB population (Seabird 2000 Census)

Species with peak counts in winter: Purple sandpiper, (Calidris maritima maritima), (E Atlantic -wintering) 291 individuals, representing an average of 1.6% of the GB population (5 year peak mean 1998/9- 2002/3)

Ruddy turnstone, (Arenaria interpres interpres), (NE Canada, Greenland/W Europe & NW Africa) 978 individuals, representing an average of 1% of the population (5 year peak mean 1998/9-2002/3)

Other bird species also occur at levels of national importance including: Species regularly supported during the breeding season: Great cormorant (Phalacrocorax carbo carbo); Black-legged kittiwake (Rissa tridactyla tridactyla); Arctic tern (Sterna paradisaea);

Species with peak counts in spring/autumn: European golden plover (Pluvialis apricaria apricaria,)

Species with peak counts in winter: Common eider (Somateria mollissima mollissima) Sanderling (Calidris alba)

REF: http://jncc.defra.gov.uk/pdf/RIS/UK11049.pdf

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

3.4 Conservation Objectives

The stated Conservation Objectives for this site4 are to: Ensure that the integrity of the site is maintained or restored as appropriate, and ensure that the site contributes to achieving the aims of the Wild Birds Directive, by maintaining or restoring;

• The extent and distribution of the habitats of the qualifying features • The structure and function of the habitats of the qualifying features • The supporting processes on which the habitats of the qualifying features rely • The population of each of the qualifying features, and,

• The distribution of the qualifying features within the site.

More specific advice was published by English Nature in 20005 as follows:

1. Subject to natural change, maintain in favourable condition the habitats for the internationally important populations of the regularly occurring Annex 1 bird species, under the Birds Directive, in particular:

• Sandy beaches at Low Newton • Shallow inshore waters at Low Newton with the internationally important populations of the regularly occurring Annex 1 bird species being identified as Little tern Sterna albifrons (breeding). It is noted that Low Newton lies approximately 90km to the north of Quarry Farm (Phase 3) site and therefore the proposed development would have no impact on that area.

2. Subject to natural change, maintain in favourable condition the habitats for the internationally important populations of regularly occurring migratory bird species, under the Birds Directive, in particular:

• Rocky shores with associated boulder and cobble beaches • Artificial high tide roosts with the internationally important populations of the regularly occurring migratory bird species being identified as Purple sandpiper (Calidris maritima) and Ruddy Turnstone (Arenaria interpres).

4 European Site Conservation Objectives for Northumbria Coast Special Protection Area and potential Special Protection Area Site Code: UK9006061 V3 29 January 2016 5 Northumbria Coast European Marine Site. English Nature’s advice given under Regulation 33(2) of the Conservation (Natural Habitats, &c.) Regulations 1994. This document remains current on Natural England’s Access to Evidence webpages at http://publications.naturalengland.org.uk/publication/4528018?category=3229185

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3.5 Site Vulnerabilities/Threats to Qualifying Features

Natural England has produced a Site Improvement Plan (SIP) for the Northumberland Coastal Natura 2000 sites6. This SIP covers several sites between The Tweed Estuary and the southern section of the Northumbria Coast SPA, the latter being the only site relevant to the proposed Quarry Farm (Phase 3) development. The SIP identifies a number of issues that pose a threat to the Northumberland Coast Natura 2000 sites.

The following issues within the SIP are identified as those where the proposed Quarry Farm (Phase 3) development has the potential to have an effect on the interest features of the Northumbria Coast Ramsar Site/SPA site:

• Public Access resulting in disturbance to passage migrants and wintering waterbirds. This may occur as a result of residents walking on the foreshore in areas, particularly where this includes dog walking. Disturbance of feeding birds reduces the time available for birds to feed. Disturbance of roosting birds causes them to use energy reserves.

It is noted that the breeding colonies of Little Tern within the Northumbria Coast Ramsar Site/SPA are found approximately 90km to the north of the Quarry Farm (Phase 3) site and therefore any increased public access to coastal areas resulting from the proposed development would have no impact on that colony/Qualifying Feature.

4.0 Durham Coast SAC

4.1 Summary

The nearest part of the Durham Coast SAC is 3.82km from the northern boundary of the proposed Quarry Farm Phase 3 site (measured in a direct line).

The primary reasons for designation is the presence of the Annex 1 habitat 1230, Vegetated Sea Cliffs of the Atlantic and Baltic Coasts.

6 Site Improvement Plans: Northumberland Coastal V1 19/12/14 www. http://publications.naturalengland.org.uk/publication/5340976100933632

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The Durham Coast is the only example of vegetated sea cliffs on magnesian limestone exposures in the UK. These cliffs extend along the North Sea coast for over 20 km from South Shields southwards to Blackhall Rocks. Their vegetation is unique in the British Isles and consists of a complex mosaic of paramaritime, mesotrophic and calcicolous grasslands, tall-herb fen, seepage flushes and wind-pruned scrub. Within these habitats, rare species of contrasting phytogeographic distributions often grow together forming unusual and species-rich communities of high scientific interest. The communities present on the sea cliffs are largely maintained by natural processes including exposure to sea spray, erosion and slippage of the soft magnesian limestone bedrock and overlying glacial drifts, as well as localised flushing by calcareous water.

4.2 Qualifying Features of the SAC

The site is designated under article 4(4) of the Habitats Directive (92/43/EEC) as it hosts the following habitats listed in Annex I: • Vegetated sea cliffs of the Atlantic and Baltic coasts

REF: Durham SAC Citation http://publications.naturalengland.org.uk/publication/4949450761961472?category=4698884316069888

4.3 Conservation Objectives

The stated Conservation Objectives for this site7 are to:

Ensure that the integrity of the site is maintained or restored as appropriate, and ensure that the site contributes to achieving the Favourable Conservation Status of its Qualifying Features, by maintaining or restoring;

• The extent and distribution of qualifying natural habitats • The structure and function (including typical species) of qualifying natural habitats, and • The supporting processes on which the qualifying natural habitats rely. with the qualifying features being Vegetated Sea Cliffs of the Atlantic and Baltic Coasts.

7 European Site Conservation Objectives for Durham Coast SAC. Site Code UK0030140. This document remains current on Natural England’s Access to Evidence webpages at http://publications.naturalengland.org.uk/publication/4949450761961472?category=4698884316069888

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

4.4 Site Vulnerabilities/Threats to Qualifying Features

The issues in Table 2 below are considered to pose a threat to the qualifying features of the Durham Coast SAC.8

Table 2. Issues Posing a Threat to the Interest Features of the Durham Coast SAC

Issue Details

Erosion of cliffs While natural erosion is important for renewing geological exposures and for maintaining a full range of cliff-dwelling plant species, it can result in cliff-top vegetation being destroyed through being squeezed between a receding cliff- face and cultivated land.

Erosion of Vegetation Trampling by the public and by livestock may cause the erosion of cliff-top vegetation (and disturbance to birds).

Inappropriate Coastal grasslands can be destroyed by cultivation taking place too close to Agricultural Practice the cliff edge. Fertilizer run-off and herbicide spray-drift may also affect cliff- top vegetation.

Inappropriate Grazing Heavy grazing in some areas may reduce the diversity of coastal grasslands. Alternatively, lack of grazing may lead to invasion by scrub and coarse grasses.

Coastal Protection Urban development can lead to a demand for coastal protection works which will impede natural coastal processes, including the erosion and slumping which helps to maintain the vegetation of sea cliffs.

Toxic contamination/ Sea cave communities, including microalgal, lichen and faunal turfs, are changes to nutrient sensitive to toxic contaminants. Increases in nutrients and organics may status locally alter the physio-chemical environment and lead to a change in structural composition of these communities.

8 North East Biodiversity Forum. http://www.nebiodiversity.org.uk/biodiversity/habitats/coastalmarine/cliffs/default.asp

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4.5 Screening for Likely Significant Effects

Some issues with potential to threaten the interest features of the Durham Coast SAC can be screened out at this stage of the assessment because the Quarry Farm (Phase 3) development is unlikely to contribute to those issues and have a significant effect on the interest features. Table 3 summarises the outcome of that screening process with each issue listed in column 1 and whether the issue is screened in or out for further assessment (column 2) for the reasons presented within column 3.

Table 3. Screening of Potential Threats to the Interest Features of the Durham Coast SAC

Issue Likely Significant Details Effect?

Natural Erosion of Cliffs No The proposed Quarry Farm (Phase 3) development will not contribute to natural erosion.

Erosion of Vegetation Possible Possible contribution by increased erosion of cliff top vegetation resulting from increased visitor use of the SAC site.

Inappropriate Agricultural No The proposed Quarry Farm (Phase 3) development Practice will not involve agricultural practice adjacent to the SAC site.

Inappropriate Grazing No The proposed Quarry Farm (Phase 3) development will not involve agricultural practice adjacent to the SAC site.

Coastal Protection No The proposed Quarry Farm (Phase 3) development is not in a location that would result in demand for coastal protection.

Toxic No The proposed Quarry Farm (Phase 3) development contamination/changes to will not result in toxic contamination or changes to nutrient status nutrient status.

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The following issues are identified as having the potential to have an effect on the interest features of the Durham Coast SAC site:

• Public Access contributing to erosion of cliff top vegetation.

All other issues in Table 3 can be screened out of the assessment at this stage and not considered further within this report.

5.0 Teesmouth and Cleveland Coast Ramsar Site/SPA

5.1 Summary

The nearest part of the Teesmouth and Cleveland Coast Ramsar Site/SPA is 3.07km from the north-east corner of the proposed Quarry Farm Phase 3 site (measured in a direct line)

The primary reasons for designation are the total wintering populations of waterbirds that it supports; the populations of migratory species of Redshank, Knot and Ringed Plover it supports; and breeding populations of the Annex 1 species, Little Tern and Sandwich Tern.

The site includes a range of coastal habitats – sand- and mud-flats, rocky shore, saltmarsh, freshwater marsh and sand dunes – on and around an estuary which has been considerably modified by human activities. Together these habitats provide feeding and roosting opportunities for important numbers of waterbirds in winter and during passage periods. In summer Little Tern Sterna albifrons breed on beaches within the site, while Sandwich Tern Sterna sandvicensis are abundant on passage. (http://jncc.defra.gov.uk/ downloaded 28/07/17)

5.2 Qualifying Features of the SPA

ARTICLE 4.1 QUALIFICATION During the breeding season, the area regularly supports 1.7% of the population in GB (4-year mean for 1995 to 1998) of Little Tern (Sterna albifrons).

On passage, the area regularly supports 6.8% of the population in GB (5-year mean for 1988 to 1992) of Sandwich Tern (Sterna sandvicensis).

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ARTICLE 4.2 QUALIFICATION (79/409/EEC) Over winter the area regularly supports 1.6% of the North-eastern Canada/Greenland/Iceland/North- western population of Knot (Calidris canutus) (Europe) (5-year peak mean for 1991/92 to 1995/96)

On passage, the area regularly supports 1.1% of the East Atlantic Flyway population of Redshank (Tringa tetanus) (5-year peak mean, 1987 – 1991).

ARTICLE 4.2 QUALIFICATION (79/409/EEC): AN INTERNATIONALLY IMPORTANT ASSEMBLAGE OF BIRDS Over winter the area regularly supports 21312 waterfowl (5-year peak mean 1991/92-1995/96) including Knot (Calidris canutus).

REF: http://jncc.defra.gov.uk/pdf/SPA/UK9006061.pdf

5.3 Qualifying Features of the RAMSAR site

The site qualifies as a Ramsar Site under Ramsar criterion 5 (Assemblages of international importance) and criterion 6 (Species/populations occurring at levels of international importance.)

At designation, it was identified that the site supports internationally important assemblages of waterbirds with peak winter counts of 9528 waterfowl (5-year peak mean 1998/99-2002/2003).

The site also supports bird species/populations occurring at levels of international importance including:

Species with peak counts in spring/autumn: Common redshank (Tringa totanus totanus) - 883 individuals, representing an average of 0.7% of the GB population (5-year peak mean 1998/9- 2002/3)

Species with peak counts in winter: Knot (Calidris canutus islandica) - 2579 individuals, representing an average of 0.9% of the GB population (5-year peak mean 1998/9-2002/3)

Other bird species also occur at levels of national importance including:

Species regularly supported during the breeding season: Little tern (Sterna albifrons albifrons)

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Species with peak counts in spring/autumn: Northern shoveler (Anas clypeata), Common greenshank (Tringa nebularia)

The following nationally important invertebrates also occur on the site: Pherbellia grisescens, Thereva valida, Longitarsus nigerrimus, Dryops nitidulus, Macroplea mutica, Philonthus dimidiatipennis, Trichohydnobius suturalis (all RDB)

REF: http://jncc.defra.gov.uk/pdf/RIS/UK11068.pdf

5.4 Conservation Objectives

The stated Conservation Objectives for this site9 are to: Ensure that the integrity of the site is maintained or restored as appropriate, and ensure that the site contributes to achieving the aims of the Wild Birds Directive, by maintaining or restoring;

• The distribution of the qualifying features within the site.

More specific advice was published by English Nature in 200010 as follows:

3. Subject to natural change, maintain in favourable condition the habitats for the internationally important populations of the regularly occurring Annex 1 bird species, under the Birds Directive, in particular:

• Sand and shingle

• Intertidal sandflat and mudflat

• Shallow coastal waters with the internationally important populations of the regularly occurring Annex 1 bird species being identified as Little tern Sterna albifrons (breeding) and Sandwich tern Sterna sandivensis (autumn).

9 European Site Conservation Objectives for Teesmouth and Cleveland Coast Special Protection Area Site Code: UK9006061 V2 30 June 2014 10 Teesmouth and Cleveland Coast European Marine Site. English Nature’s advice given under Regulation 33(2) of the Conservation (Natural Habitats, &c.) Regulations 1994. This document remains current on Natural England’s Access to Evidence webpages at http://publications.naturalengland.org.uk/publication/3209362?category=3229185

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4. Subject to natural change, maintain in favourable condition the habitats for the internationally important populations of regularly occurring migratory bird species, under the Birds Directive, in particular: • Rocky shores

• Intertidal sandflat and mudflat • Saltmarsh with the internationally important populations of the regularly occurring migratory bird species being identified as Knot Calidris canutus (winter) and Redshank Tringa totanus (autumn).

5. Subject to natural change, maintain in favourable condition the habitats for the internationally important assemblage of waterbirds, under the Birds Directive, in particular:

• Rocky shores • Intertidal sandflat and mudflat • Saltmarsh with the internationally important assemblage of waterbirds being identified as large populations of wintering waterbirds including knot, shelduck, teal, redshank and sanderling

5.5 Site Vulnerabilities/Threats to Qualifying Features

The issues in Table 4 below are considered to pose a threat to the qualifying features of the Teesmouth and Cleveland Coast Ramsar Site/SPA.11

Table 4. Issues Posing a Threat to the Interest Features of the Teesmouth and Cleveland Coast Ramsar Site/SPA

Issue Description of Issue Qualifying Feature Potentially Affected Physical The estuary has been heavily modified, primarily by land Red knot, Common Modification claim. This has significantly reduced the area of intertidal, redshank, Waterbird which is the supporting habitat for a large number of non- assemblage breeding waterbirds. In addition, the changed morphology has altered the hydrodynamics of the estuary. This affects the supply and distribution of sediments in the remaining

11 Site Improvement Plan for Teesmouth & Cleveland Coast SPA V1 19/12/14 www.naturalengland.org.uk/ipens2000

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intertidal areas. For example, the Tees Barrage regulates river flow and consequently the supply of riverine sediments, while retaining walls constrain the movement of sediment around the estuary. These changes are likely to have affected the benthic fauna, which is the principle food supply of a number of non-breeding waterbirds. They have potentially also contributed to the spread of algal mats by providing suitable conditions for algal growth (see also 'Water Pollution' section). Algal mats restrict waterbird access to benthic invertebrates and are also likely to have direct impacts on its biomass and species composition. Public Both breeding Little tern and non-breeding waterbirds are Red knot, Common Access/Disturbance disturbed by recreational beach users. These include redshank, Sandwich walkers, dog walkers and kite surfers. There may be a tern, Little tern, shortage of safe roost sites on Teesside. Some former Little Waterbird tern breeding sites may have been abandoned due to assemblage disturbance. Direct land take Undesignated land that supports SPA birds ('functional Red knot, Common from development habitat') has been negatively affected by development in redshank, Sandwich the recent past. There are also new development proposals tern, Little tern, which may impact on other areas of functional habitat. To Waterbird compound these impacts there is very little space for assemblage mitigation because most areas are already developed or designated. Water Pollution Improvements to wastewater treatment and catchment Red knot, Common management and the closure and re-location of wastewater redshank, Waterbird discharges have significantly reduced the inputs of assemblage nutrients and organic matter to the Tees. These improvements in water quality have reduced the biomass of the benthic fauna that the estuary supports, and hence the food supply of a number of bird species. In addition, large areas of the estuary are covered by algae, predominantly Ulva. Algal mats restrict waterbird access to benthic invertebrates and are also likely to have direct impacts on its biomass and species composition. It is thought that high nutrient levels in the estuary from

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historic inputs have encouraged the growth of these mats. However, the improvements in water quality have yet to have significant impacts on the extent of algal mats. This may be because changes in estuary morphology are also responsible for the growth of algal mats (see 'Physical modification' section above) and/or nutrient levels need to be reduced further. Finally, the sediments of the Tees Estuary contain contaminants from historic pollution. These are generally buried under more recent less polluted sediments, but they may still be impacting the benthic fauna. Fisheries: Commercial fishing activities categorised as ‘amber or Red knot, Common Commercial marine green’ under Defra’s revised approach to commercial redshank, Sandwich and estuarine fisheries in EMSs require assessment and (where tern, Waterbird appropriate) management. This assessment will be assemblage undertaken by NEIFCA. For activities categorised as ‘green’, these assessments will take account of any in combination effects of amber activities, and/or appropriate plans or projects, in the site. It is not known how much bait collection is commercial and how much is for recreation. See also 'Fisheries: Recreational marine and estuarine' section below. Fisheries: The estuary is heavily used by bait collectors, principally for Red knot, Common Recreational marine crab trapping (summer and autumn) and ragworm and redshank, Sandwich and estuarine lugworm digging (all year, but especially in winter). tern, Waterbird This is likely to have a number of effects on non-breeding assemblage waterbirds. Bait collectors directly disturb non-breeding waterbirds. In addition, bait collection depletes the abundance of prey available for birds and could also change the size distribution and community composition of the benthic fauna. Crab traps could disrupt patterns of sediment distribution (it is likely that there are over 5,000 tyre/pipe 'traps' across the estuary). It is not known how much bait collection is commercial and how much is for recreation. See also 'Fisheries: Commercial marine and estuarine' section above.

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Under grazing Some of the undesignated land that is used by non- Common redshank, breeding waterbirds is being encroached by scrub and Waterbird coarse vegetation. Consequently, these areas are becoming assemblage unsuitable for foraging or roosting. In addition, water levels on Cowpen Marsh have been increased to benefit breeding and foraging waterbirds, but these wetter conditions have made it difficult for livestock to access some sections of the site and additional infrastructure is required. Inappropriate water The wetland habitats at RSPB Saltholme support a Common redshank, levels significant proportion of the non-breeding waterbirds that Waterbird use the Tees estuary. However, these habitats are assemblage sustained by a water supply derived from industrial sources. This may not be sustainable long term. Furthermore, the water supply is relatively saline which does not create optimum conditions for the waterbird assemblage. A sustainable long-term strategy for supplying sufficient water to dependent habitats is needed. Predation The Little tern colony has suffered from predation in recent Little Tern years, including from sparrowhawk, kestrel, hedgehog and fox. A large number of eggs were stolen from the site in 2013. Coastal Squeeze The River Tyne to Flamborough Head Shoreline Red knot, Common Management Plan includes some sections of 'hold the line'. redshank, Sandwich Coastal squeeze will reduce the area of intertidal and upper tern, Little tern, shore habitats, which are used for foraging and roosting by Waterbird non-breeding waterbirds and for nesting by Little tern. assemblage Change to site Sand dunes are accreting along sections of the coast. This Little tern conditions may have resulted in some former Little tern breeding sites becoming unsuitable. See also the ‘Air Pollution: impact of atmospheric nitrogen deposition’ section below. Air Pollution: impact Nitrogen deposition exceeds the site-relevant critical load Little tern of atmospheric for ecosystem protection and hence there is a risk of nitrogen deposition harmful effects, but the sensitive features are currently considered to be in favourable condition on the site. This requires further investigation. Nutrient enrichment is likely to encourage vigorous growth of vegetation in embryo

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dunes, which will reduce the area of suitable nesting habitat for Little tern. See also the ‘Changes to site conditions’ section above.

5.6 Screening for Likely Significant Effects

Some issues with potential to threaten the interest features of the Teesmouth and Cleveland Coast Ramsar Site/SPA can be screened out at this stage of the assessment because the Quarry Farm (Phase 3) development is unlikely to contribute to those issues and have a significant effect on the interest features. Table 5 summarises the outcome of that screening process with each issue listed in column 1 and whether the issue is screened in or out for further assessment (column 2) for the reasons presented within column 3.

Table 5. Screening of Potential Threats to the Interest Features of the Teesmouth and Cleveland Coast Ramsar Site/SPA

Issue Likely Reason Significant Effect? Physical No The nearest part of the Teesmouth and Cleveland Coast Ramsar Modification Site/SPA is 3.07km from the north-east corner of the Quarry Farm Phase 3 site (measured in a direct line).

Direct land take No The nearest part of the Teesmouth and Cleveland Coast Ramsar from development Site/SPA is 3.07km from the north-east corner of the Quarry Farm Phase 3 site (measured in a direct line). Water Pollution No The nearest part of the Teesmouth and Cleveland Coast Ramsar Site/SPA is 3.07km from the north-east corner of the Quarry Farm Phase 3 site (measured in a direct line). Fisheries: No The proposal is for residential development. Commercial and recreational marine and estuarine Under grazing No The proposal will have no effect on management of the Teesmouth and Cleveland Coast Ramsar Site/SPA

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Inappropriate No The proposal will have no effect on management of the Teesmouth water levels and Cleveland Coast Ramsar Site/SPA. Predation Yes Recreational access during the Little Tern nesting period could lead (Indirectly) to disturbance which results in adults leaving the nest, leaving eggs and nestlings vulnerable to predation by crows, magpies, etc. Dogs could also predate eggs and nestlings. Coastal Squeeze No The proposal will have no effect on coastal management. Change to site No The issues identified relates to reduction in breeding sites for Little conditions tern resulting from accretion of sand dunes. The proposal will not have any effect on rates of sand accretion. Air Pollution: No The issues identified relates to possible nitrogen deposits promoting impact of rapid vegetation of embryo dunes, and thereby contributing to atmospheric reduction in breeding sites for Little tern resulting from accretion of nitrogen deposition sand dunes. The proposal will not have any effect on air quality at the Teesmouth and Cleveland Coast Ramsar Site/SPA..

The following issues are identified as having the potential to have an effect on the interest features of the Teesmouth and Cleveland Coast Ramsar Site/SPA site:

• Public Access resulting in disturbance to nesting Little Terns. This may occur as a result of residents walking on the foreshore in areas supporting breeding colonies of this species, particularly where this includes dog walking. Where adult birds are disturbed from an active nest this may result in eggs or nestlings being chilled and may also lead to increased predation by crows, magpies, etc. • Public Access resulting in disturbance to passage migrants and wintering waterbirds. This may occur as a result of residents walking on the foreshore in areas, particularly where this includes dog walking. Disturbance of feeding birds reduces the time available for birds to feed. Disturbance of roosting birds causes them to use energy reserves.

All other issues in Table 5 can be screened out of the assessment at this stage and not considered further within this report.

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6.0 Baseline Data

6.1 Bird Data

The following data sources have been reviewed for relevant bird data:

• Bond, I, 2015, Britmag Bird Disturbance Study, 2014. Hartlepool Borough Council. • Cadwallender, T and M; April 2012; A Study of Over-wintering Waterbirds of the Durham Coast for Durham County Council; Cadwallender Consultancy • Cadwallender, T and M; April 2013; A Second Year Review of Over-wintering Waterbirds of the Durham Coast; Cadwallender Consultancy • Ecology Consulting, 2016, Wintering Bird Survey to enable condition assessment of the wintering bird features of Durham Coast SSSI and co-located areas of SPAs: Final report 2015-16. • Linaker, R.; 2012; Recreational Disturbance at the Teesmouth and Cleveland Coast European Marine Site. Bird disturbance field work. Winter 2011/2012, University of York

Relevant bird data is discussed in more detail in Section 6.5 below.

6.2 Public Access Routes

The pedestrian access point to the coast which is nearest to the Quarry Farm (Phase 3) development is at the roundabout at the junction of West View Road and Winterbottom Avenue (See Fig 4, 5, and 6). This location gives direct access to the Hart Warren Dunes and the North Sands area of the Teesmouth and Cleveland Coast Ramsar Site/SPA. This access location is 2.85km (straight line) from the access point to the Quarry Farm (Phase 3) site (which would be the entrance road to the Phase 2 site to the east) and the walking route to this point from the site is 3.6km long and involves walking on roadside paths throughout the route (See Fig 6). It is reasonable to conclude that few people will walk an additional 7.2km (return journey) to undertake a recreational walk at the coast and that any residents of the Quarry Farm (Phase 3) site going to the coast will do so either by car or public transport.

The area was visited on 22/1/17 to identify locations that provide car parking access to the coastal Natura 2000 sites. The following coastal car parking areas were identified as those most likely to be used by residents of the Quarry Farm (Phase 3) development who choose to visit the coast.

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Table 6. Coastal Car Parking Locations Car Parking Distance Notes Location from Site (by Road – shortest route) Crimdon Beach Car 7.9km Formal car park. Provides access to Crimdon Beach and Blackhall Park Rocks areas. Hart Warren Beach further to the south is accessible by foot from this location.

Marine Point 5.7km Extensive on-street parking. Provides access to North Sands and Throston Scar. Hart Warren Beach further to the north is accessible by foot from this location. Newburn Bridge 4.9km Formal car park. Provides access to Carr House Sands. Car Park Coronation Drive 5.2km Formal car park. Provides access to Carr House Sands. Car Park Seaton Reach Car 6.8km Formal car park. Provides access to Carr House Sands. Park Coronation Between 6.6 Extensive on-street parking within Seaton Carew and between Drive/The Cliff/ and 8.0km Hartlepool and Seaton Carew. Provides access to Carr House A178 Sands. Rocket House 7.8km Formal Car Park. Provides access to Carr House Sands and to Seaton Sands to the south.

The locations of these car parks are shown in Fig 4 and 5.

It is considered that if residents at the Quarry Farm (Phase 3) Site choose to go to the coast for recreation, the majority will elect to access the coast via the Crimdon Beach Car Park (which provides ready access to a long stretch of beach; is a formal car park that gives a greater feeling of security, and is not in an urban location) with others accessing the North Sands/Harts Warren/Throston Scar area via on-street parking at Marine Point. Both these locations avoid driving through Hartlepool town centre. The Crimdon Beach Car Park gives access to the Teesmouth and Cleveland Coast Ramsar/SPA; the southern end of the Durham Coast SAC; and the southern end of the Northumbria Coast Ramsar Site/SPA. The on-street parking at Marine Point gives access to the Teesmouth and Cleveland Coast Ramsar/SPA.

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6.3 Recreational Disturbance Data

The following data sources have been reviewed for relevant bird disturbance data:

• Bond, I, 2015, Britmag Bird Disturbance Study, 2014. Hartlepool Borough Council. • Cadwallender, T and M; April 2012; A Study of Over-wintering Waterbirds of the Durham Coast for Durham County Council; Cadwallender Consultancy • Cadwallender, T and M; April 2013; A Second Year Review of Over-wintering Waterbirds of the Durham Coast; Cadwallender Consultancy • Linaker, R.; 2012; Recreational Disturbance at the Teesmouth and Cleveland Coast European Marine Site. Bird disturbance field work. Winter 2011/2012, University of York

Relevant data is discussed in more detail in Section 6.5 below.

6.4 Alternative Recreation Sites

Review of OS maps, aerial photographs, published information within the public domain and local survey has identified the following alternative recreational sites within 5km of the Quarry Farm (Phase 3) site.

Alternative Distance Notes Recreational from Site Location (by Road) Summerhill 3.4km Council-run Country Park, Outdoor Activity Centre and LNR. Over Country Park and 40ha with extensive path networks. Dogs allowed off-lead. Outdoor Nature Reserve

Hart to Haswell 5.0km Nearest access point is at its southern end near Ocean Road. Dogs LNR allowed off-lead.

Ward Jackson Park 1.6km Formal Park. Dogs under control.

Family Wood and 2.7km Family Wood forms a woodland corridor linking the Burn Valley Burn Valley Gardens to Summerhill. Gardens Burn Valley Gardens is a green corridor which connects Hartlepool town centre with Family Wood, Summerhill and the wider countryside to the west of the town.

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Western entrances at Catcote Road and Elwick Road. The Howls and The 4.2km Linked woodland nature reserves managed by the Tees Valley Batts LNRs (Dalton Wildlife Trust, and the Dalton Piercy Parish Council near the village Piercy) of Dalton Piercy following the valley of Char Beck. Footpath links to Elwick and over fields to the north and east towards the Quarry Farm (Phase 3) Site.

The Public Right of N/A Public footpath network immediately adjacent to the site. See Fig 6 Way Network in the immediate vicinity of the site

The locations of these sites are shown in Figs 4 and 6.

6.5 Analysis of Bird and Disturbance Data

The following areas of the Teesmouth and Cleveland Coast Ramsar/SPA and the Northumbria Coast Ramsar Site/SPA are the most likely to be accessed by visitors from the Quarry Farm (Phase 3) site.

• Crimdon Beach. Accessible from Crimdon Beach Car Park. • North Sands (and Hart Warren Dunes). Accessible from Marine Point on-street parking or by walking from Crimdon Beach Car Park. • Throston Scar. Accessible from Marine Point on-street parking and via North Sands.

Analysis of bird and disturbance data therefore concentrates on these areas.

Hartlepool Borough Council undertook a bird and recreational disturbance study on North Sands, Hartlepool in 2014 (Bond, I, 2014). This study was carried out over the winter of 2014-15 to determine the current levels of use of the area by SPA birds as part of the S106 for the application to develop Britmag Magnesia Works (See Fig 5 for location) and the report of survey included some comparison with data from a survey undertaken in 2005/6 to support the original Britmag application. The 2014/15 study also recorded recreational activity and disturbance of SPA birds.

These surveys concluded that:

• SPA bird numbers had notably declined in the study area [North Sands] since 2005/6.

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• Neither the North or South sectors in the study area were used to any significant extent by SPA birds at low tide. • Where birds were present at low tide in the North sector [of North Sands] they almost invariably consisted of a small number of oystercatcher on the outfall. • The mean number of SPA birds on the South sector [to the south of the Britmag pier on North Sands] at low tide during a survey count was 1.5. This contrasts with the 2005/6 study which found SPA birds in high double figures in this area at low tide. • At high tide, both the North and South sectors were occasionally used as a high tide roost. On the North sector, a strip of sand of several tens of metres in width usually remains except on the tidal maximum of spring tides and birds tend to roost close to the tide line. The maximum recorded roosting in this location was 141 on 20th November 2014. However out of the 60 high tide counts, the number of SPA birds only exceeded single figures on ten occasions. • In the South sector, SPA birds were recorded a little more frequently at high tide. Out of 58 counts at high tide, the number of SPA birds exceeded single figures on 17 occasions with a maximum of 137 birds on 21st January 2015. However, most of the SPA birds roosted just outside of the study site on the Britmag site inland of North Sands where out of 35 counts at high tide, the number of SPA birds exceeded double figures on 29 occasions. • Levels of recreational use were broadly similar between the 20014/15 and 2005/6 study periods, with disturbance event rates of 1/hour in the north sector [of North Sands] and 1.1/hour in the south sector [to the south of the Britmag pier on North Sands] during the 2014-15 study. • Dog walking was by far the most common recreational activity recorded during the study, with all but two dogs recorded as being off lead. • The 2014/15 study recorded occasions of SPA birds being disturbed by recreational activities. It identified disturbance events occurred at a rate of 1.1/hr compared to 0.9/hr in the 2005/6 study. This represents an additional disturbance event every five hours. These figures were calculated disregarding 24 survey counts in the north sector and 16 in the south sector where no birds were present. • The report questions whether this level of disturbance would be enough to cause SPA birds to leave the area and be the reason for the low counts of SPA birds in this area but notes that at Seaton Sands North (outside of the SPA), the number of recreational events was 34/hr and the number of disturbance events 1.8/hr, yet that area still supported an average of 15 SPA birds per survey count (compared to 1.5 at North Sands).

Cadwallender (Cadwallender, T & M, 2013) undertook vantage point and walkover surveys on the Durham Coast during winter 2012/13 to identify areas or locations which were used by waterbirds for either or both

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low tide feeding and high tide roosting, as well as important offshore feeding and roosting areas. This survey built on a previous survey undertaken in winter 2011/12. The study area included survey sites at Blackhall Rocks, Crimdon Beach, Hart Warren, North Sands, and Throston Cadwallender concluded that:

• There was not a great diversity of bird species using the Durham coast and that it was very obvious that the Durham coast was not holding particularly high numbers of birds in 2012/13, indeed well below national thresholds for important sites. • That Crimdon Beach appears to be one of the more important low tide feeding areas for a range of species on the Durham coast, even with the high level of disturbance evident during survey. • Both Hart Warren and North Sands are important for Sanderling despite heavy disturbance. Although chased by dogs, birds were observed to return to feeding areas close by. • Throston Scar is a significant site for feeding waders, probably one of the most important along Durham coast. For species using this area, it appears to have association with Hartlepool Headland. • The Blackhall Rocks area is historically an important site providing both high tide roosts and low tide feeding areas. However, it appears to be vulnerable to and suffering from disturbance as no birds were observed during the 2012/13 survey.

Linklater, R studied recreational disturbance of water birds within the Teesmouth and Cleveland Coast Ramsar/SPA during winter 2011/12. The study included a survey site at North Sands/Throston Scar (referred to in the report as “Hartlepool”). This study found that:

• 253 events were recorded at Hartlepool from eight different activity types including bait digging, kite surfing, walking, dog walking, jogger, runner, bird watcher, photographer. • Only about 16% of these events caused a disturbance to birds. • The most frequented activity was dog walkers which accounted for 63.2% of all recorded events. Those walking dogs with the dog off the lead caused 50% of all disturbances and on average, birds were likely to respond to the disturbance by either taking short flight or long flight. • Dog owners who kept their dogs on the lead had a lesser impact on the waterbirds, with a mean impact 7% less than if the dogs had been kept off the lead.

The above data all relates to winter bird activity and associated disturbance during the winter months.

The presence of breeding Little Terns at Crimdon Beach is also a qualifying feature of the Teesmouth and Cleveland Coast SPA.

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Detailed information on breeding success and numbers of birds available within the public domain is incomplete.

However, it is reported that:

• The little tern colony at Crimdon Beach has been present since 1995 and the level of breeding success has fluctuated since this time, thought largely due to egg theft, human disturbance, insufficient food and mammal and avian predation. The nesting site is fenced between April and September every year and guarded by a warden and volunteers.12 • The entire main colony at Crimdon failed in 1999, due to egg theft, and no breeding birds returned in 2000. A few pairs attempted to breed on the southern side of the Tees Estuary in 2000 but failed. In the summer of 2001, birds returned to the Crimdon location and in July 20 pairs nested; 30 young were successfully fledged.13 • In July 2013, more than 50 little tern eggs were stolen from Crimdon Dene, where 65 pairs of the birds had been nesting.14 • Between 2000 and 2009, the number of nesting pairs fluctuated between approximately 18 and 65 and the number of fledged young between 0 and approximately 11815. These figures relate to the Cleveland Coast as a whole but the report states that “for a number of years, most birds have nested on Crimdon Dene Beach” • In 2016, early nesting attempts were hindered by wind-blown sand with 33 egg clutches being lost in early June. However, 84 active nests (the maximum number for the year) were present by 20th June. Predation - thought to be predominantly by stoat(s) – was noted by wardens but a peak count of 58 fledged juveniles was made on 23rd July.16

12 Hartlepool Borough Council, (May 2016); Hartlepool Local Planning Framework. Local Plan Preferred Options. Habitat Regulations Assessment Consultation Document. HBC 13 http://www.durhambiodiversity.org.uk/pdfs/species/birds/Littletern.pdf [accessed 8/3/17] 14 http://www.rspb.org.uk/community/ourwork/b/biodiversity/archive/2014/04/15/little-terns-feel-the-squeeze.aspx [accessed 8/3/17] 15 Smith, K; 2011; The State of the Natural Environment of the Tees Estuary. A Review of the Bird Chapter; INCA 2011 16 http://www.inca.uk.com/wp-content/uploads/2017/03/INCA-Activity-2016.pdf [accessed 9/3/17]

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7.0 Impact Assessment

7.1 Potential Visitor Numbers

The population of Hartlepool is estimated (mid-2015) to be 92,50017.

The average number of people per household in the Tees Valley (2013) is 2.3.18

The Quarry Farm (Phase 3) site will provide a maximum of (up to) 450 houses, which at an occupancy rate of 2.3 people per household equates to 1,035 people. This equates to an increase in population within Hartlepool of 1.1%. This represents a worst-case scenario with regards to population increase because it disregards that a proportion of occupants will probably have moved within Hartlepool, rather than moved into the town from elsewhere. The Hartlepool Borough Council Strategic Housing Market Assessment 2015 notes that 80.1% of new housing take-up will be Hartlepool people re-locating, rather than population growth).19

7.2 Rationale for Considering Potential Impacts

In the absence of mitigation, recreational use of the Crimdon Beach, Harts Warren and North Sands areas of the Teesmouth and Cleveland Coast Ramsar Site/SPA (including the potential SPA extension – See Fig 2) and the Blackhall Rocks area which lies within the southern end of the Durham Coast SAC and Northumbria Coast SPA (See Fig 5), has the potential to result in negative effects on breeding and wintering SPA birds. Those effects will be greater where the recreational activity involves dog walking, particularly where dogs are off-lead. (As these potential disturbance impacts are the same for all three designated sites, those impacts, and mitigation and compensation measures, are discussed below for the sites collectively, referring to them as “the coastal Natura 2000 sites”.) Recreational use of coastal paths in the Durham Coast SAC has the potential to result in increased erosion of cliff top vegetation.

However, it is difficult to precisely predict the potential increase in recreational impacts within these areas that would result from the Quarry Farm (Phase 3) development because there is limited hard data available

17 https://teesvalley-ca.gov.uk/wp-content/uploads/2016/03/Hartlepool-2014-SNPP-report.pdf

18 Hartlepool Borough Council, (May 2016)

19 Hartlepool Borough Council Strategic Housing Market Assessment 2015 in Hartlepool Borough Council May 2016

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on current recreational use (i.e. the baseline situation). However, the use of the statistics and rationale set out below is considered an appropriate method of estimating potential impacts. The precedent for use of this type of rationale has been previously accepted by its use within the Hartlepool Local Planning Framework20.

7.3 Potential Recreational Impacts

The Ramblers Association report that “22% of the population “walk recreationally for at least 30 minutes in four weeks”21. Using this figure, it can be estimated that 227 of the 1,035 residents of the proposed Quarry Farm (Phase 3) development could be expected to “walk recreationally” every four weeks. This equates to 8.1 walks per day. However, these recreational walks will not all take place at the coast, and where they do, not all will take place within the coastal Natura 2000 sites. The proportion of these walks that take place at the coast will be determined by the availability of alternative venues and their proximity to Quarry Farm (Phase 3). The following potential alternative recreation sites are all closer to Quarry Farm (Phase 3) than the nearest car parks providing access to the coastal Natura 2000 sites which are Crimdon Beach car park (7.9km) and on-street parking on Marine Point (5.7km).

• Summerhill Country Park and Outdoor Nature Reserve • Hart to Haswell LNR • Ward Jackson Park • Family Wood and Burn Valley Gardens • The Howls and The Batts LNRs (Dalton Piercy)

The Public Right of Way Network in the immediate vicinity of the site is also readily accessible (See Fig 6).

While, acknowledging that the coast will undoubtedly be an attractive destination for some, when also considering the availability of alternative sites nearby it is estimated that approximately 25% of the additional recreational walks resulting from the Quarry Farm (Phase 3) development will take place at the coast and 75% elsewhere. This estimate is based on the results of a comprehensive audit and community needs appraisal in relation to various types of open space in the Borough of Hartlepool which was undertaken in 201522. This audit

20 Local Plan Preferred Options. Habitat Regulations Assessment Consultation Document. HBC (Hartlepool Borough Council, May 2016) 21 Hartlepool Borough Council, (May 2016) 22 Ashley Godfrey Associates, 2015, Hartlepool Borough Council: Open Space, Sport & Recreation Assessment

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

found that for 51% of 1000 respondents, Summerhill Country Park was the site they visited most frequently (but not exclusively) and “Beach” was the most frequently visited location for only 3% of respondents.

Therefore, the Quarry Farm (Phase 3) development would result in an additional 2.02 walks per day within the coastal Natura 2000 sites, primarily in the Crimdon Beach/Blackhall Rocks and North Sands/Hart Warren/ Throston Scar areas.

Applying the Ramblers Association percentage figure to the total Hartlepool population of 92,500, it can be estimated that 20,350 of these people will walk recreationally every four weeks. This equates to 726 walks per day. Applying the same proportion of 25% walks at the coast and 75% walks “elsewhere”, this equates to 181 walks per day at the coast. This estimate is considered to be reasonable and precautionary given that the coast will be the closest potential walking site for a proportion of the wider population of Hartlepool, in contrast to the Quarry Farm (Phase 3) development which lies on the western edge of the town, and it is therefore likely that in reality a higher proportion of these walks by the wider population will take place at the coast.

The additional estimated 2.02 recreational walks per day within the coastal Natura 2000 sites resulting from the Quarry Farm (Phase 3) development therefore represent an increase of 1.11% on the current situation.

7.4 Potential Dog Walking Impacts

The 2016 Pet Population Survey23 estimates that 24% of households own a dog. Therefore, it can be estimated that 108 of the 450 houses at the Quarry Farm (Phase 3) development will own a dog and that dog-walking will therefore take place at least once per day.

Guidance on Suitable Alternative Natural Green Space (SANGS) produced by Hampshire County Council, reports that dog owners travel up to an average distance of 400-500m to reach greenspace for dog- walking, where a suitable space is available as opposed to travelling by car to the coast. This guidance also identifies that the three most important amenities dog owners seek are off-lead access, close to home and away from traffic. (Hampshire County Council, 2013 in Hartlepool Borough Council, May 2016).

23 http://www.pfma.org.uk/pet-population-2016 [accessed 8/3/17]

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

While the exact area of SANG to be provided within the Quarry Farm (Phase 3) development will be finalised at the outline and detailed planning application stages, the current Concept Masterplan (See Appendix A) includes the provision of green infrastructure at the northern edge of the site. The site is also well connected to the local PROW network (See Fig 6). Off lead dog walking will be possible within the on- site green infrastructure in the north the site; within on-site green infra structure in the adjacent Phase 2 site; and on those elements of the PROW network that are off-road. These areas lie within, or within 400- 500m of, the site and access does not require travelling by car.

The following alternative recreation sites where traffic-free, off-lead dog walking is permitted also lie within closer proximity to the Quarry Farm (Phase 3) development than the coast.

Table 7. Alternative Recreation Sites Alternative Distance Notes Recreation Site from Site (by Road) Summerhill 3.4km Over 40ha with extensive path networks. Dogs allowed off-lead. Country Park and Traffic-free. Outdoor Nature Reserve

Hart to Haswell 5.0km Nearest access point is at its southern end near Ocean Road. Dogs LNR allowed off-lead. Traffic-free.

Family Wood and 2.7km Family Wood: Traffic-free. Dogs off-lead. Burn Valley Burn Valley Gardens: Traffic-free. Dogs on-lead. Gardens

Based on the findings published by Hampshire County Council it is reasonable to assume that the above areas will be used preferentially for daily dog walking by residents of the Quarry Farm (Phase 3) development. This estimate is supported by results of the recent audit of use and community needs appraisal in relation to different uses of open space in the Borough of Hartlepool24 which found that for 51% of 1000

24 Ashley Godfrey Associates, 2015, Hartlepool Borough Council: Open Space, Sport & Recreation Assessment

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

respondents, Summerhill Country Park was the site they visited most frequently and “Beach” was the most frequently visited location for only 3% of respondents.

However, coastal areas are undoubtedly attractive to dog walkers and therefore an assumption is made within this report that, on average, one dog-walking visit to the coast will be made per dog-owning household at the Quarry Farm (Phase 3) development per month where the dog is walked off-lead. This equates to 3.6 additional off-lead, dog-walking visits to the coastal Natura 2000 sites per day. This estimate also takes account of:

• The recent audit of use and community needs appraisal in relation to different uses of open space in the Borough of Hartlepool25 which found that for 51% of 1000 Hartlepool respondents, Summerhill Country Park was the site they visited most frequently and “Beach” was the most frequently visited location for only 3% of respondents. • A proportion of the householders at the Quarry Farm (Phase 3) development will have relocated from within Hartlepool (The Hartlepool Borough Council Strategic Housing Market Assessment 2015 notes that 80.1% of new housing take-up will be Hartlepool people re-locating, rather than population growth).26 • Dog-owning households that have relocated from elsewhere in the town are likely to have moved further away from the coast than their previous home, given that the location of the Quarry Farm (Phase 3) development is on the western edge of the town. This arguably reduces the likelihood of that household visiting the coast for dog-walking. (However, any reduction in visits resulting from the move further away from the coast is likely to be tempered to some degree if those households have an established habit of visiting the coast.) • Some dogs are never allowed off-lead when walked.

As discussed in Section 7.2 above, these walks would be most likely to take place at Crimdon Beach/Blackhall Rocks (accessed from Crimdon Beach Car Park) or the North Sands/Harts Warren/Throston Scar area (accessed via on-street parking at Marine Point).

Considering the 3.6 additional off-lead, dog-walking visits to the coastal Natura 2000 sites per day resulting from the Quarry Farm (Phase 3) development:

25 Ashley Godfrey Associates, 2015, Hartlepool Borough Council: Open Space, Sport & Recreation Assessment 26 Hartlepool Borough Council Strategic Housing Market Assessment 2015 in Hartlepool Borough Council May 2016

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

• An equal division of these visits between Crimdon Beach/Blackhall Rocks and North Sands/Harts Warren/Throston Scar areas is assumed and therefore 1.8 of these daily visits would occur at North Sands/Harts Warren/Throston. • If these 1.8 additional off-lead, dog-walking visits taking place in winter were all to result in disturbance to birds this would equate to an additional 0.22 disturbance events/hr (assuming an average 8hrs of daylight during winter). This would represent an increase of 20% to 1.32 disturbance events/hr (from the 1.1 disturbance events/hr recorded during the 2014 Britmag Study) in the absence of any mitigation. • The 2014 Britmag Study noted that “at Seaton Sands North (outside of the SPA), the number of recreational events per hour was 34 and the number of disturbance events per hour was 1.8, yet it still supported an average of 15 SPA birds”.

It is therefore reasonable to conclude that the predicted increase to 1.32 disturbance events/hr at the North Sands/Harts Warren/Throston area will not result in the area being abandoned by SPA (wintering) birds. This assessment is in the absence of any mitigation.

It is also noted that Public Space Protection Orders (PSPOs) issued to require dogs to be on leads, or dog control orders, are currently in place on several beaches27 (though anecdotal evidence suggests that these orders are not always enforced). Dogs are excluded from the following coastal areas28 (See Fig 5):

• Seaton Carew Beach (Seasonal - May to September inclusive) • Headlands Fish Sands (Seasonal - May to September inclusive) • Headland Block Sands/Lower Promenade and Paddling Pool

Dogs are required to be on leads in the following coastal areas:

• Headland, Lower Promenade. (Order only applies to the promenade, not the adjacent beach) • Seaton Common LNR • Headland Fish Quay • Headland Town Square

27 HBC Dog Control Orders https://www.hartlepool.gov.uk/info/20204/dogs/242/dog_control_orders_in_hartlepool [accessed 10/3/17] 28 Other dog control areas exist but only those considered directly relevant to the Teesmouth and Cleveland Coast Ramsar Site/SPA are listed here

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• Headland Croft Gardens • Spion Kop Cemetery LNR

Overall it is concluded that, in the absence of mitigation:

• The Quarry Farm (Phase 3) development is likely to result in an increase in disturbance to SPA birds within some areas of the coastal Natura 2000 sites, but; • The level of disturbance would not result in wintering SPA birds abandoning the areas affected, and; • The impacts can be adequately mitigated (See Section 8 below)

7.5 Potential Erosion Impacts on Cliff-top vegetation

The Durham Coast SAC, to the north of the Crimdon Beach car park, is designated primarily for its Annex 1 habitat, Vegetated Sea Cliffs of the Atlantic and Baltic Coasts. It is the cliff-top vegetation within this habitat that is potentially vulnerable to erosion resulting from public access (rather than the vegetation on eroding cliff faces and cliff ledges).

As identified in Section 7.3 above, it is estimated that the Quarry Farm (Phase 3) development would result in an additional 2.02 recreational walks per day within the coastal Natura 2000 sites (an increase of 1.11% on the current situation), primarily in the Crimdon Beach/Blackhall Rocks and North Sands/Hart Warren/ Throston Scar areas.

An equal division of these visits between the Crimdon Beach/Blackhall Rocks area (accessed via the Crimdon Beach car park) and the North Sands/Harts Warren/Throston Scar area (accessed via on-street parking at Marine Point), is assumed and therefore 1.01 of these additional recreational walks per day would occur at the Crimdon Beach/Blackhall Rocks area, via the Crimdon Beach car park.

Assuming that half of the visitors accessing the coast from the Crimdon Beach car park head south onto Crimdon Beach and half head north into the Durham SAC, 0.5 additional recreational walks per day (or 1 additional walk every 2 days) would occur within the Durham SAC as a result of the proposed Quarry Farm (Phase 3) development.

It is reasonable to conclude that one additional recreational walk every 2 days would not result in increased erosion of cliff-top vegetation within the Durham Coast SAC.

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

7.6 Cumulative Impacts

Hartlepool Borough Council (HBC) has confirmed that as the competent authority under Regulation 61(1) of The Conservation of Habitats and Species Regulations 2010 Habitats Regulations (as amended), HBC has responsibility for carrying out cumulative assessment of whether there will be an Adverse Effect on the Integrity (AEOI) of a European Site as a result of nearby developments.

HBC will consider the following developments when assessing potential cumulative impacts on coastal European Designated sites within the Hartlepool Borough Area:

• Seaview Park – 195 dwellings • Nelson Farm – 50 dwellings • Upper Warren – 500 dwellings • Land South of Elwick Road – 151 + 50 dwellings • Britmag – 484 dwellings • Quarry Farm (Phase 1) – 220 dwellings • Quarry Farm (Phase 2) – 220 dwellings

When undertaking cumulative assessment, HBC will have regard for the nature and extent of any combined effect but Natural England has recently informed HBC that, provided each individual development can adequately mitigate its own impacts (and HBC can therefore conclude that there will be no AEOI of any European Site), cumulative assessment will not be required (G Megson pers. comm. Telephone conversation 1/2/17).

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

8.0 Mitigation and Compensation Measures

Correspondence within Hartlepool Borough Council has confirmed that:

“Individual applications do not need to mitigate for all other plans and projects being considered in- combination – each just has to cover its own impacts.”

It is proposed that the potential impacts on the coastal Natura 2000 sites arising from the Quarry Farm (Phase 3) development identified above can be adequately mitigated by the following measures. The precedent that this range of measures are suitable for adequately mitigating impacts on the coastal Natura 2000 sites has previously been established for other residential developments in the Hartlepool Area, including Quarry Farm (Phase 2).

8.1 On-site SANG/Green Infrastructure

It is proposed to provide green infrastructure on the Quarry Farm (Phase 3) site. While the exact size of the area to be provided would be agreed at the outline/detailed planning application stages, the Concept Masterplan confirms that on-site green infrastructure can be provided in the northern edge of the site. (See Concept Masterplan, Appendix A).

8.2 Connectivity to Local PROW network

Footpath connections to the surrounding PROW network would be provided at the north-east corner and eastern boundary of the site. (See Concept Masterplan, Appendix A).

8.3 Educational/information Literature

Information/educational leaflets would be provided to each household which would:

• Highlight the importance of the coastal Natura 2000 sites and the potential negative impacts of dog walking on breeding and wintering birds at these sites • Promote local footpath links for dog walking • Promote alternative non-coastal sites for off-lead dog walking including Summerhill Country Park, Family Wood, Hart to Haswell Walkway • Promote coastal sites where public access is actively promoted and off-lead dog walking is permitted e.g. Seaton Dunes LNR • Identify where Public Space Protection Orders and Dog Control Orders are in place and the reasons for them

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

8.4 Financial Contribution to Visitor Management/Interest Feature Protection within European Sites

A financial contribution could be provided to be used to fully or partly finance measures to protect the interest features of the coastal Natura 2000 sites.

The exact measures to be implemented would be more appropriately agreed between HBC and the developer at the time of outline or detailed planning application but some or all of the following are likely to be appropriate:

• Education/Information material at coastal sites e.g. interpretation boards, leaflets, signs • Wardening and/or Ranger provision to manage/limit/prevent disturbance to wintering birds by beach users including dog walkers during the winter months • Wardening and fencing to protect nesting Little Tern colonies including that at Crimdon • Management of inland sites being promoted as alternative destinations for dog walkers from the Quarry Farm (Phase 3) development e.g. Summerhill Country Park

The quantum of the financial contribution and the mechanism of delivery to be agreed between HBC and the developer at the time of outline or detailed planning application.

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

9.0 References

Ashley Godfrey Associates, 2015, Hartlepool Borough Council: Open Space, Sport & Recreation Assessment Bond, I, 2015, Britmag Bird Disturbance Study, 2014. Hartlepool Borough Council. Cadwallender, T and M; April 2012; A Study of Over-wintering Waterbirds of the Durham Coast for Durham County Council; Cadwallender Consultancy Cadwallender, T and M; April 2013; A Second Year Review of Over-wintering Waterbirds of the Durham Coast; Cadwallender Consultancy Department for Communities and Local Government; March 2012; National Planning Policy Framework; Department for Communities and Local Government Ecology Consulting, 2016, Wintering Bird Survey to enable condition assessment of the wintering bird features of Durham Coast SSSI and co-located areas of SPAs: Final report 2015-16. GSL, Consultant Ecologists; March 2017; Land at Quarry Farm (Phase 2). Report to Inform a Habitats Regulations Assessment Hartlepool Borough Council, (May 2016); Hartlepool Local Planning Framework. Local Plan Preferred Options. Habitat Regulations Assessment Consultation Document. HBC Hartlepool Borough Council, (December 2014); Strategic Housing Land Availability Assessment 2014. Draft Final Report; HBC Hartlepool Borough Council, (2015); List of Potential Housing Sites put forward for consideration in the Strategic Housing Land Availability Assessment (SHLAA); HBC Hampshire County Council. (2013). ‘Planning for Dog Ownership in New Developments: Reducing Conflict – Adding Value’. Hampshire County Council. Hartlepool Borough Council Strategic Housing Market Assessment 2015 Hartlepool Borough Council Dog Control Orders 1st July 2012 https://www.hartlepool.gov.uk/info/20204/dogs/242/dog_control_orders_in_hartlepool [accessed 7/9/17] Hartlepool Borough Council, Britmag Site Bird Disturbance Study, 2014 Linaker, R.; 2012; Recreational Disturbance at the Teesmouth and Cleveland Coast European Marine Site. Bird disturbance field work. Winter 2011/2012, University of York

Land at Quarry Farm (Phase 3), Hartlepool. Report to Inform a Habitats Regulations Assessment

Appendix A - Figures

Graeme Smart Ltd Consultant Ecologists

Coniston, 4 Holeyn Hall Rd, Wylam, Northumberland, NE41 8BB Tel: 0191 6070668 Email: [email protected]

Legend:

Phase 3 Site Boundary SAC

Fig 1: Proximity of Site to SACs

Project: Quarry Farm (Phase 3) Report to Inform Habitats Regulations Assessment

Client: Cecil M Yuill Ltd

Date: 6/9/17 Revision: 1

Coniston, 4 Holeyn Hall Rd, Wylam, Northumberland, NE41 8BB Tel: 0191 6070668 Email: [email protected]

Phase 3 Site Boundary

Proposed SPA

Fig 2: Proximity of Site to SPAs

Project: Quarry Farm (Phase 3) Report to Inform Habitats Regulations Assessment

Client: Cecil M Yuill Ltd

Date: 6/9/17 Revision: 1

Coniston, 4 Holeyn Hall Rd, Wylam, Northumberland, NE41 8BB Tel: 0191 6070668 Email: [email protected]

Legend:

Phase 3 Site Boundary Ramsar Site

Fig 3: Proximity of Site to Ramsar Sites

Project: Quarry Farm (Phase 3) Report to Inform Habitats Regulations Assessment

Client: Cecil M Yuill Ltd

Date: 6/9/17 Revision: 1

Coniston, 4 Holeyn Hall Rd, Wylam, Northumberland, NE41 8BB Tel: 0191 6070668 Email: [email protected]

Phase 3 Site Boundary SPA/Ramsar Site Proposed SPA Coastal Car Parking Alternative Recreational Sites Hart to Haswell Railway Public Footpaths within 4km Public Bridleways within 4km Shortest Route to Coast on Foot

Fig 4: Alternative Recreation Sites, Car Parking, PROW, Shortest Walking Route to Coast

Project: Quarry Farm (Phase 3) Report to Inform Habitats Regulations Assessment

Client: Cecil M Yuill Ltd

Date: 6/9/17 Revision: 1

Coniston, 4 Holeyn Hall Rd, Wylam, Northumberland, NE41 8BB Tel: 0191 6070668 Email: [email protected]

Phase 3 Site Boundary SPA/Ramsar Site Proposed SPA Coastal Car Parking Selected Relevant PSCO/Dog Control Order Exclusion Areas Selected Relevant PSCO/Dog Control Order On-Lead Areas Britmag Site Shortest Route to Coast on Foot Public Footpaths within 4km Public Bridleway

Fig 5: Location of Britmag Site, Beaches, and Public Space Control/Dog Control Areas

Project: Quarry Farm (Phase 3) Report to Inform Habitats Regulations Assessment

Client: Cecil M Yuill Ltd

Date: 6/9/17 Revision: 1

Coniston, 4 Holeyn Hall Rd, Wylam, Northumberland, NE41 8BB Tel: 0191 6070668 Email: [email protected]

Phase 3 Site Boundary SPA/Ramsar Site Proposed SPA Alternative Recreational Sites Public Footpaths Public Bridleways Shortest Route to Coast on Foot

Fig 6: Public Right of Way Network within 4km of the Site

Project: Quarry Farm (Phase 3) Report to Inform Habitats Regulations Assessment

Client: Cecil M Yuill Ltd

Date: 6/9/17 Revision: 1